Staff Reporter
Islamabad
The Islamabad High Court (IHC) said on Tuesday that it was giving former prime minister Nawaz Sharif a chance “to surrender” and appear before the court at the next hearing scheduled for Sept 10.
An IHC division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani was hearing the appeals of Nawaz Sharif, his daughter Maryam and her husband, Safdar, against their convictions in the Avenfield reference.
The bench also heard an appeal filed by the National Accountability Bureau against Nawaz’s acquittal in the Flagship reference as well as appeals against his conviction in the Al-Azizia reference. During the hearing, Justice Farooq said that the court was not declaring Nawaz an absconder and was giving him “one more chance to surrender”. “We are not taking a final decision as yet.”
However, Nawaz’s counsel, Khawaja Haris Ahmed, argued that by asking Nawaz to appear in person, the court had decided that the former prime minister had to return to the country. Ahmed maintained Nawaz could not return to the country due to the coronavirus pandemic. “Do you fear that Nawaz will be arrested at the airport?” asked Justice Kayani. “If that is the case, please inform the court.” To this, the lawyer replied he would do so if they feared such an occurrence.
Nawaz’s counsel argued that his client’s bail had been approved after his sentence in the Avenfield reference was suspended, adding that Nawaz had also been granted conditional bail in the Al-Azizia reference. But at the same time, the counsel acknowledged that the ex-PM was currently not abroad on bail. “His current status is that he is not out on bail. This is the legal position,” Ahmed said, adding that the PML-N supremo was seeking medical treatment abroad. He added that Nawaz’s medical reports were forwarded to the authorities concerned but the Punjab government had rejected an application seeking an extension in his bail. The court then questioned whether Nawaz had challenged the order issued by the
Punjab government to which his lawyer replied in the negative. “He has not [challenged the Punjab government order] because he [Nawaz]
is not in the country.” The court inquired whether Nawaz was currently under treatment at a hospital. “No he is not under treatment at a
hospital. But he will return to the country once his treatment is complete,” his lawyer replied.
The bench asked Nawaz’s lawyer to satisfy the court that the PML-N supremo had not absconded. “The appeal can only move forward
when Nawaz appears before the court,” said Justice Kayani.
His lawyer maintained that Nawaz’s fresh medical reports had been received which would be provided once they had been verified by the
Foreign Office, adding that he had submitted one medical certificate to the court and would submit another.
During the hearing, the court observed that absconding from a court hearing or during a trial was also a crime. “We are not declaring Nawaz
an absconder at the moment. But how can the appeal be heard in his absence?” Justice Farooq questioned.
