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The Islamabad High Court (IHC) on Wednesday issued notices to the National Accountability Bureau (NAB) on two petitions filed by PML-N supremo Nawaz Sharif seeking protective bail in the Avenfield and Al-Azizia cases.
Nawaz, who is expected to return to Pakistan on Saturday, was convicted in the Avenfield and Al-Azizia references and was declared a proclaimed offender in the Toshakhana vehicle case, pending before an accountability court in Islamabad. He was on bail in these cases when he proceeded to the UK in 2019 for medical treatment.
A two-judge IHC bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb took up Nawaz’s pleas, which were filed earlier today.
The PML-N leader’s lawyer, Amjad Pervez, told the court that his client was seeking protective bail. Referring to previous judgements, he said that in the past, absconders were granted protective bail in order to surrender before the court.
“The court provides an opportunity whenever someone wants to surrender before it,” Pervez said, contending that Nawaz had not taken undue advantage of his bail.
The lawyer noted that the court had also provided PTI Chairman Imran Khan with protective bail earlier. Pervez also said that Nawaz’s conviction was handed down when he was not in the country.
At one point during the hearing, the NAB prosecutor said that the bureau did not have any objections if Nawaz wanted to come back.
At this, Justice Aurangzeb said, “You have no objection to granting protective bail. Tomorrow you will say that the judgement should be struck down. Then you should also ask the NAB chairman and let us decide the appeal [against Nawaz’s conviction] today.”
However, the NAB prosecutor said that the watchdog would give its arguments when the appeal would be fixed before the court.
The hearing was subsequently adjourned till tomorrow.
The pleas
The petitions, copies of which are available with Dawn.com, were filed by PML-N’s Ataullah Tarar on Nawaz’s behalf.
The pleas said that Nawaz was seeking protective bail in order to surrender before the court and “submit to due process of justice and avail remedies permissible under the law”.
They stated that Nawaz’s absence before the IHC was neither “intentional nor deliberate nor mala fide”, rather he was unable to do so due to “medical advice” and circumstances beyond his control“. It said that Nawaz’ health could not improve and medical procedures were delayed due to the Covid-19 pandemic.
They further said that the relevant health reports were submitted to the Lahore High Court (LHC), in accordance with its directives. It also noted that the previous federal and provincial government, “despite being headed by an arch-rival political party”, never approached the LHC to challenge the veracity of the reports
The petitions said that due to “unforeseen circumstances beyond human control” and other medical complications, the necessary medical procedure could only be carried out last November. It said that Nawaz had to undergo follow-up examinations in June, adding that the latest medical reports were also submitted to the LHC.
They said that Nawaz was “constrained to limited public exposure and mobility” and could not address any public meeting, adding that he was “bound down to wear [a] mask throughout this time as of today on account of the complicated nature of ailments and compromised position of immunity”.
They further said that Nawaz was patriotic and had “great love and affection for his homeland”. It said “any hypothesis of deliberate abscondence is not reconcilable with the petitioner’s conduct and track record which is an exemplary one”.
The pleas said that although Nawaz had not fully recovered and was not in an “ideal state of health”, he had decided to come back to Pakistan at a time when the country was faced with the “worst-ever crises of economy and other fronts”. The petition urged the court to grant Nawaz protective bail in the interest of justice.
PML-N legal team expects decision on appeals by January
According to a member of the PML-N supreme leader’s legal team, the elder Sharif’s legal complication would not require lengthy proceedings, as in the Avenfield case, his co-accused — Maryam Nawaz Sharif and her spouse — have already been acquitted by a division bench of the Islamabad High Court.
Therefore, the IHC would take no time to allow Nawaz’s appeal in the Avenfield reference due to NAB’s failure to prove charges against Maryam and her spouse Muhammad Safdar. The IHC had already suspended his sentences in the Avenfield reference in 2018.
Similarly, in an appeal against his conviction in the Al-Azizia case, 60 per cent of proceedings had already been completed when Nawaz went abroad for medical treatment in November 2019, the lawyer said.
The lawyer seemed confident that Nawaz would be free of his legal worries by the time of the polls as these proceedings would not take much time.
After getting done with these issues, there would be no restrictions on his participation in general elections, particularly after an amendment in the Elections Act reduced the span of disqualification under Article 62(i)(f) from lifetime to five years, he added.
About the chances of Nawaz going back to jail even after getting the absconding proceedings reversed, the lawyer said the PML-N leader can get bail on medical grounds as he still has health issues.
However, Advocate Khurram Chughtai said the legal challenges faced by the ex-PM were a little bit more complicated. For instance, the legal proceedings could go beyond Jan 2024 — the election month.
Speaking about his arrival, he said the PML-N leader would have to surrender before the law by submitting a surety directly to a court or a police official authorised at the airport.
“If he wants to make an immediate surrender, Nawaz can seek a protective bail from the high court of Lahore or Islamabad before he lands,” the lawyer said, adding the IHC could dispense with the custody of Nawaz after withdrawing the warrants and restoring his appeals against the conviction in the NAB references.
But it would be an extraordinary relief which is “generally granted to politicians only”, he quipped.