The Islamabad High Court (IHC) on Wednesday suspended the imprisonment sentence of former prime minister Muhammad Nawaz Sharif, his daughter Maryam Nawaz and son-in-law retired Capt Muhammad Safdar in Avenfied property reference and ordered to release them.
A divisional bench of IHC comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb announced the judgment on appeals of convict persons challenging the accountability court decision against them.
The decision which was read by Justice Athar Minallah stated: “The respective sentences awarded to the petitioners by the accountability court Islamabad shall remain suspended till the final adjudication of the appeals filed by the petitioners. The same shall by released on bail, subject to furnishing bail bonds in the sum of Rs 500,000 each with one surety each in like amount to the satisfaction of Deputy Registrar (Judicial) of this court.”
The accountability court Islamabad had awarded ten years imprisonment and fine to Nawaz Sharif, seven years to Maryam Nawaz and one year jail to retired Capt Muhammad Safdar on July 6, in Avenfield property judgment. The accused persons had challenged their sentence before the IHC’s divisional bench.
Earlier during the proceeding, National Accountability Bureau (NAB)’s Prosecutor Akram Qureshi argued that the accused had adopted the stance before the Supreme Court that the Gulf Steel Mill was sold in 1978 and such agreement was signed between Tariq Shafi and Abdullah Qaid Ahli.
The accused were of the view that the further 25% shares of the steel mill were sold in 1980 against amount of 12 million AED and that money was invested in business with a Qatri prince, he said, adding that according to the accused the London flats were purchased on the basis of the same money.
NAB prosecutor said that the Gulf Steel Mill agreement was proved as fake during the investigation process and the department did not find any record in Dubai in that regard.
Addressing the NAB prosecutor, Justice Miangul Hassan Aurangzeb remarked, “You did not belong to joint investigation team (JIT). There was a big difference between NAB and JIT.”
Akram Qureshi said that Nawaz Sharif had establish this property on name of his daughter. The former prime minister was the actual owner of flats, he argued.
Justice Athar Minallah observed that how the bench could assume Nawaz Sharif as owner of London flats while the NAB could not prove his connection with that property. He asked the prosecutor to produce any evidence that proved former premier as owner of the flats.
He remarked that Nawaz Sharif’s role could not be seen in property even after a high level investigation.
NAB prosecutor argued that Maryam Nawaz was the beneficial owner till 2012 and later on she was made as trustee through a fake trust deed. Calibri font was used in that trust deed that was not yet available in market at that time, he said.
Justice Miangul Hassan remarked, “If Maryam Nawaz produced fake documents then why she was awarded sentence on allegation of assets beyond sources of income.”
On the query of bench, Akram Qureshi informed the court that Maryam Nawaz was 20 year old in 1993.
The bench asked if Nawaz Sharif purchased flats in 1993 then why a reference was made against his daughter.
During arguments, NAB prosecutor said the burden of proof regarding the foreign assets was on accused shoulders.
After the NAB prosecutor concluded his arguments, Additional Prosecutor General Jahanzeb Bharwana gave short arguments.
As the both sides concluded their arguments, the court reserved its judgment and later ordered for suspension of accused persons’ sentence till the final verdict in the appeals.
It may be mentioned here that former prime minister Muhammad Nawaz Sharif and his daughter Maryam Nawaz were arrested on July 16, as they returned from London.