IHC not adhere to SC guidelines about bail verdict of Sharifs’ plea


SC Nawaz Sharif Maryam nawaz cap safdar avenfield avenfield reference NAB National Accountability Bureau
16 Jan, 2019 10:56 pm

ISLAMABAD (92 News) – The Supreme Court (SC) on Wednesday issued its detailed judgement regarding the rejection of a National Accountability Bureau’s (NAB) appeal against the Islamabad High Court verdict against the suspension of the Sharif family’s sentences in the Avenfield reference.

It is worth mentioning here that IHC suspended the prison sentences awarded to former prime minister Nawaz Sharif and his daughter Maryam Nawaz in the Avenfield corruption reference by the NAB.

A five-bench of the SC headed by Chief Justice Mian Saqib Nisar heard the appeal.

The SC bench on Monday dismissed the accountability watchdog’s appeal challenging the September 19, 2018, IHC order under which Sharif, his daughter and son-in-law retired captain Mohammad Safdar were granted bail after suspension of their jail terms.

Justice Asif Saeed Khosa wrote the five-page verdict dismissing the NAB appeals against Nawaz Sharif.

In the written verdict, it was stated that the appeal was against a person who was already in prison and the other party in the case was a woman. It added the law shows some leniency to women.

SC verdict criticises the IHC verdict

The SC written verdict also criticises the IHC verdict, stating that the 41-page verdict by the IHC is against the guidelines. The SC in its sentence mentioned that discussing merits of a case related to bail and to conclude final result is also against the rules.

On September 19 last year, the NAB had approached the SC after IHC suspended prison sentences of the Sharifs awarded by an accountability court on July 6.

The accountability court had convicted Nawaz, Maryam and Safdar in the Avenfield properties reference and sentenced them to 11 years, eight years and one year, respectively, in prison.

On Monday during the dismissal of NAB’s petition, Justice Asif Saeed Khosa remarked that the court cannot rule on the case at this stage. “It is the basic question that under which rule the bail be cancelled,” he remarked.

He observed that the real case will be affected if the SC talked about the merit. “The principles and standards for granting and cancelling the bail are different,” he remarked.

Chief Justice Mian Saqib Nisar remarked that it is possible that the court upholds the bail by giving different reason. “A separate law has to be formed for the white collar crime. The government did not work on the white collar crime,” he remarked.

Justice Gulzar remarked that the NAB law was formed for the white collar crime. “The NAB law will have to be implemented strictly. Death sentence is awarded on corruption in China. The accused is handed over to the firing squad after the summary trial,” he said.

On September 19 last year, the NAB had approached the SC after IHC suspended prison sentences of the Sharifs awarded by an accountability court on July 6.

The accountability court had convicted Nawaz, Maryam and Safdar in the Avenfield properties reference and sentenced them to 11 years, eight years and one year, respectively, in prison.



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