ISLAMABAD: The Islamabad High Court (IHC) has rejected former Prime Minister Nawaz Sharif’s plea for exemption from appearing in appeals against his conviction in Panama References. The court has ordered Nawaz Sharif to surrender and appear before the court on September 10.
A two-judge bench comprising Justice Amir Farooq and Justice Mohsin Kayani inquired at the beginning of the hearing on the petitions seeking exemption from attendance in the hearing of appeals against Nawaz Sharif’s sentence in the Avonfield reference. What is the status of Nawaz Sharif at the moment? Are they on bail or not?
Khawaja Harris, counsel for the former prime minister, argued that in the Avonfield reference, Nawaz Sharif was granted bail on merit. He went abroad for treatment and gave reasons for not returning. The Punjab government rejected Nawaz Sharif’s bail application. ۔
The Islamabad High Court remarked that Nawaz Sharif should not have surrendered in court after his bail expired. On which Khawaja Harris said that Nawaz Sharif’s case is unique, I will inform in detail if he does not surrender the court, the diseases that Nawaz Sharif had cannot be cured in Pakistan.
Khawaja Harris said that he had approached the Lahore High Court to remove Nawaz Sharif’s name from the ECL. The Punjab government formed a medical board which examined Nawaz Sharif’s illness. Both Nawaz Sharif and Shahbaz Sharif returned home. Bail of return, the court inquired that if the Lahore High Court ordered the removal of the name from the ECL, Azizia’s sentence ended?
The court said that the Islamabad High Court suspended Azizia’s sentence for a short period. Can the order of the Islamabad High Court be “superseded” after the order of the Lahore High Court? Justice Mohsin Akhtar Kayani said that the order of the Lahore High Court was only to remove the name from the ECL, the Punjab government rejected the bail of Nawaz Sharif, if the federal government has the same position then action will be taken against Nawaz Sharif according to law.
Former PM’s lawyer Khawaja Harris admitted that Nawaz Sharif has no bail at the moment, but the federal government had to check Nawaz Sharif’s health through a high commission, the court questioned the deputy attorney general representing the federation. What is the position of the federal government on Nawaz Sharif’s health? On which the Deputy Attorney General took the position that he had not received any instructions.
The court remarked that whether Nawaz Sharif is undergoing treatment or not, there is no such document on the record. The lawyer of the former prime minister said that Nawaz Sharif is undergoing treatment and will return when the treatment is completed. It can be reviewed by the federal government. The federal government has not taken any steps to assess the health of Nawaz Sharif.
Addressing Khawaja Harris, Justice Mohsin Akhtar Kayani said that it is your responsibility to explain why Nawaz Sharif is on the run. He will have to appear in court for the hearing of the appeal. If Nawaz Sharif is a fugitive, he could be sentenced to 3 years imprisonment separately. It is also a crime to escape from appearing in the trial or appeal.
Justice Amir Farooq, who was present in the bench, said that arguments should be given on how the appeal could be heard without Nawaz Sharif. If Nawaz Sharif does not come on purpose then the court may declare him a fugitive, if we declare Nawaz Sharif a fugitive then what will be the status of the appeal?
When the court sought arguments from NAB on Nawaz Sharif’s bail, the NAB prosecutor opposed Nawaz Sharif’s request for exemption from attendance and said that the former PM’s request for exemption from attendance was inadmissible, Judge Arshad Malik said. Nawaz Sharif had also filed a petition on which the court remarked that at present Judge Arshad Malik should not give arguments on video but first give arguments on exemption from attendance.
The NAB prosecutor said that if Nawaz Sharif absconded, the court could appoint a representative. After Nawaz Sharif absconded, the court could hear NAB and decide on merit. The Punjab government’s order to reject Nawaz Sharif’s bail was not challenged anywhere.
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