Islamabad High Court dismisses
Nawaz Sharif's appeals, reinstates sentences in Avonfield and Azizia references
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Islamabad High Court dismisses Nawaz Sharif's appeals, |
ISLAMABAD: The Islamabad High Court
(IHC) has dismissed appeals filed against the conviction of former Prime
Minister Nawaz Sharif in Azizia and Avonfield references.
A two-judge bench of the High Court
said in its decision that if Nawaz Sharif surrenders or the authorities arrest
him and present him before the court, his appeal can be heard. However, Nawaz
Sharif has lost his right to be heard as a fugitive.
The court has fixed for hearing the
appeals of Nawaz Sharif's daughter and PML-N leader Maryam Nawaz and her
husband Captain (retd) Safdar.
Justice Amir Farooq and Justice
Mohsin Akhtar Kayani of the Islamabad High Court, while delivering the reserved
judgment yesterday, dismissed the appeals against the sentence in Nawaz
Sharif's Azizia reference and Avonfield reference.
The nine-page written decision to
dismiss the appeals against Nawaz Sharif's sentence said that Nawaz Sharif had
the opportunity to have a transparent trial and cross-examination of
prosecution witnesses. Sentenced after a formal trial. He went out on bail and
did not return.
The court said that he was absent
during the hearing of the appeals without any reason or justification on which
he was declared a fugitive as per law. Nawaz Sharif has lost his right to be
heard as a fugitive. Therefore, there is no other option but to dismiss the
appeals before the court.
The decision said that Nawaz Sharif
could surrender before the court and appeal for reinstatement on his arrest.
Whenever Nawaz Sharif files an application for reinstatement of the appeal, it
will be decided according to the law.
The accountability court on July 6,
2018, in its Avonfield reference, sentenced Nawaz Sharif to 10 years, Maryam
Nawaz to seven years and Capt (R) Safdar to one year in prison. On December 24,
2018, Nawaz Sharif was sentenced to seven years in prison in the Azizia
reference.
Nawaz Sharif had filed appeals in
the Islamabad High Court against the sentence in the Azizia reference and the
Avonfield reference, but he has not appeared before the court since he went
abroad. Nawaz Sharif was issued several
summons notices and declared non-appearance.
His lawyers argued that Nawaz
Sharif's health did not allow him to leave his treatment abroad and appear in
court in Pakistan. Therefore, the hearing should be continued in their absence.
Meanwhile, the NAB had requested to dismiss Nawaz Sharif's appeals.
The Islamabad Accountability Court
had on December 24, 2018 sentenced Nawaz Sharif to seven years imprisonment in
the Azizia reference and issued a detailed 131-page judgment stating that Nawaz
Sharif has proved to be the real owner of Azizia and Hill Metal. However, he
failed to provide a legitimate source of income for the assets.
Nawaz Sharif's lawyers had
challenged the decision in the Islamabad High Court.
Islamabad High Court: What are the Panama references
against Nawaz Sharif?
On September 8, 2017, three references
against Nawaz Sharif and his children, Azizia Reference, Flagship Reference and
Avonfield Reference, were filed. Among them, Azizia was indicted on October 19,
2017 and Nawaz Sharif in the flagship reference on October 20.
Former Prime Minister Nawaz Sharif,
his daughter Maryam Nawaz and son-in-law Captain Safdar were convicted of
owning London Avonfield Apartments.
Nawaz Sharif filed an appeal
against these sentences in the Islamabad High Court, where in September 2018,
in the Avonfield reference, the sentences of the three were suspended by the
Islamabad High Court.
Later on December 24, 2018, in the
Azizia reference, Nawaz Sharif was sentenced to seven years in prison. The
court had acquitted Nawaz Sharif in the flagship reference.
In Panama References, Nawaz Sharif
was accused of not disclosing sources of income for flats worth crores of
rupees in Avonfield and money laundering.
In references filed against Nawaz
Sharif, the NAB had alleged that the former prime minister had built anonymous
properties in the names of his sons Hassan and Hussain Nawaz during his tenure
as chief minister and prime minister. While the children were under his care
during this time.
The Sharif family is of the view
that Azizia Steel Mills was bought with Qatari investment and Hassan Nawaz was
also provided capital for the business by a Qatari businessman who formed a
flagship company. All property is in the names of children and Nawaz Sharif has
nothing to do with it.
In the flagship reference, Nawaz
Sharif maintained that the reference was made on the biased report of the
opponents and JIT and the prosecution would fail to bring evidence against
them.
Islamabad High Court: Further hearing date fixed
Although Nawaz Sharif's sentences
have been reinstated by the Islamabad High Court in these references, the
appeals of Maryam Nawaz and Capt. (Retd) Safdar, who were convicted along with
Nawaz Sharif in the Avonfield reference, will be heard on July 6.
Reacting to the decision of the
Islamabad High Court, Minister of State for Information Farrukh Habib said that
Nawaz Sharif was sentenced after a full trial. Nawaz Sharif has no option but
to come back and go to jail.
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