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IHC Extends Nawaz’s Bail in Conviction Cases to Oct 26

ISLAMABAD: On Tuesday, the Islamabad High Court extended the protective bail of PML-N leader Nawaz Sharif in the Avenfield and Al-Azizia cases, in which he had been convicted, until October 26. This extension came after the National Accountability Bureau (NAB) stated that it had “no objections” to the plea filed by the deposed prime minister.

A division bench of the IHC, consisting of Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, issued the order in response to Nawaz’s petitions for protective bail in the cases and the restoration of his appeals against his conviction.

bail

In July 2018, the court sentenced Nawaz, who had been ousted, to 10 years in jail in the Avenfield properties corruption reference for the ownership of assets beyond his known income and one year for not cooperating with the NAB. These sentences were to be served concurrently.

The Al-Azizia Steel Mills corruption reference led to his sentencing to seven years in jail on December 24, 2018. He was then taken to Rawalpindi’s Adiala Jail, from where he was transferred to Lahore’s Kot Lakhpat jail the following day. Additionally, he was fined Rs1.5 billion and US$25 million in this case.

In March 2019, Nawaz was released from jail, and in November 2019, he left for London after the LHC granted him permission. In December 2020, the IHC declared him a proclaimed offender in both cases.

Last week, the IHC extended Nawaz’s protective bail in the cases until October 24, enabling his return home on October 21.

Today, during the proceedings, Nawaz, accompanied by his brother Shehbaz Sharif and several other party leaders, appeared before the court.

At the beginning of the hearing, Azam Nazir Tarar from PML-N informed the court that the accountability court had suspended Nawaz’s warrants in the Toshakhana case and approved his bail with surety bonds.

Justice Farooq noted that two petitions related to restoring appeals against Nawaz’s conviction were before the high court, and notices needed to be issued on these applications.

Justice Aurangzeb pointed out that the petitioner had to explain the reasons for his absences if he wanted to restore the appeals.

Tarar insisted on following the law, but Justice Farooq emphasized that, aside from Article 10-A (the right to a fair trial) of the Constitution, the petitioner had to prove that his absences were not deliberate and did not stem from ill intentions.

Tarar mentioned that the Lahore High Court had granted Nawaz permission to leave the country for medical reasons, but Justice Farooq questioned the legality of such a move when matters were pending in one high court.

Justice Aurangzeb also questioned the proper legal procedures for petitions concerning the restoration of appeals.

The IHC Chief Justice stressed that this was not a routine matter and required a show cause, and the court would issue notices to the opposing side. He emphasized the necessity for the court to be satisfied with the reasons provided.

At one point, Tarar requested the court to extend Nawaz’s protective bail for further argument preparation, and Justice Farooq asked the NAB prosecutor general for his opinion on the matter.

The NAB official stated that the bureau had reviewed the petition for the restoration of the appeal and had no objections to it, nor did they object to extending the protective bail.

Justice Aurangzeb expressed surprise at NAB’s position and questioned if they wanted to maintain charges of corrupt practices while releasing the convict. He suggested that the NAB chairman be asked why he was wasting public time.

Justice Aurangzeb also inquired why NAB didn’t withdraw the case if they had no objections and instructed the bureau’s prosecutor general to provide a clear position on the matter at the next hearing.

The court subsequently issued notices to NAB on Nawaz’s pleas for the restoration of appeals against his conviction and bail, while also extending Nawaz’s protective bail until Thursday.

When reporters asked Nawaz if he would participate in the upcoming polls, he smiled.

Bail in Toshakhana case

In a separate development, an Islamabad accountability court confirmed Nawaz Sharif’s bail in the Toshakhana case on October 19. This case involves allegations that Nawaz, along with former President Asif Ali Zardari and ex-Prime Minister Yousuf Raza Gilani, received luxury vehicles and gifts from the Toshakhana.

In June 2020, non-bailable arrest warrants were issued for Nawaz, but he later withdrew his challenge to them in the Islamabad High Court. On September 10, 2020, he was declared a proclaimed offender, and the court initiated proceedings to confiscate his properties, instructing the National Accountability Bureau (NAB) to seek his arrest through Interpol.

Nawaz was provided special security by Islamabad police as he arrived at court, accompanied by PML-N leaders. At the hearing, the court confirmed his bail with surety bonds of Rs1 million. The court also accepted his application for legal representation due to health issues and issued notices to NAB regarding the confiscation of his property, with further proceedings scheduled for November 20.

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