IHC directs NAB court to rehear Nawaz's plea on clubbing of references

ISLAMABAD: A two-member bench of the Islamabad High Court (IHC) on Thursday accepted former prime minister Nawaz Sharif's plea regarding the Accountability Court's dismissal of his request to club all references together on the grounds that no reasons for dismissal were given.

The high court held the verdict of the accountability court to have a joint trial in the references against Nawaz as 'null and void'. The bench also ordered the accountability court to hear the case again and then give a verdict on it.

According to the IHC verdict, the accountability court did not give any reason for its October 19 verdict. 

Barrister Masroor Shah, explained the verdict stating that the IHC has set aside the NAB court's decision to not merge the three references together on the grounds that the accountability court had not given any reason for rejecting the plea.  

The barrister added that if the accountability court accepts the plea to merge the references, then the matter will be reverted to NAB, which will then file have to file a new reference to indict Nawaz Sharif. 

Earlier, the two-member divisional bench had reserved its verdict in the plea to club all three hearings together to be heard as one.

At the last hearing on October 25, the IHC bench comprising Justice Mohsin Akhtar Kiyani and Justice Aamer Farooq issued notices to the federal government over the petition and adjourned the case until November 2 (today).

On Wednesday, Nawaz's counsel submitted additional documents, including copies of the indictment, to the IHC as instructed in the earlier hearing. 

Nawaz, through his representative Zafir Khan, has submitted three petitions in the IHC challenging the accountability court’s October 19 decision to indict him in the Avenfield properties and Azizia Steel Mills reference.

He was indicted in the third and last — Flagship Investment Ltd — reference on October 20.

The accountability court is hearing corruption references filed by the National Accountability Bureau against Nawaz and his family members, as well as Finance Minister Ishaq Dar, in light of the Supreme Court's order in the Panama Papers case.

In his petition, Nawaz has pleaded the IHC to declare the October 19 decision illegal and order the accountability court to combine the three references against him into one.

He has also pleaded that there should be one trial on one charge instead of separate cases.

At the last hearing of the accountability court on October 26, Nawaz's counsel Khawaja Harris informed the judge that his client has challenged the indictment in the IHC which will hear the case on Nov 2 (today). 

The judge remarked that Harris should plead his client's case on November 2 and then adjourned the accountability court hearing until November 3 (Friday).

Similar plea in Supreme Court

On October 13, the former prime minister filed a similar plea in the Supreme Court seeking the quashing of 'concurrent' corruption references against him.

The plea asked the Supreme Court to halt the accountability court proceedings of the three references against the Sharif family until a single reference is filed.

The plea, filed by Nawaz's legal team under Article 184 (3) of the Constitution, states that Section 9 (a) (5) of the National Accountability Ordinance holds that the reference against possession of assets beyond known sources of income should be one and not spread over several references.

The petition is yet to be taken up by the apex court.

The references

The NAB has in total filed three references against the Sharif family and one against Finance Minister Ishaq Dar in the accountability court, in light of the Supreme Court's orders in the Panama Papers case verdict of July 28.

The anti-graft body was given six weeks, from the date of the apex court's order, to file the reference in an accountability court while the accountability court was granted six months to wrap up the proceedings.

The references against the Sharif family pertain to the Azizia Steel Mills and Hill Metals Establishment, their London properties and over dozen offshore companies owned by the family.

Court approves Maryam, Safdar's bail; separates cases of Nawaz's sons

Maryam and Safdar are only nominated in the London properties reference. At an earlier hearing, the court also approved Maryam and Safdar's bail in the Avenfiled properties case and ordered them to submit surety bonds worth Rs5 million each.

Safdar was also directed to take the court's permission before leaving the country from now on. The judge also provided a copy of the reference — spread over 53 volumes — to Maryam and Safdar.

NAB's Rawalpindi branch prepared two references regarding the Azizia Steel Mills and Hill Metals Establishment, and the nearly dozen companies owned by the Sharif family.

Its Lahore branch prepared a reference on the Sharif family's Avenfield apartments in London and another against Finance Minister Ishaq Dar for owning assets beyond his known sources of income.

If convicted, the accused may face up to 14 years imprisonment and lifelong disqualification from holding public office including the freezing of bank accounts and assets.