Will Nawaz Sharif face the trial on his return? AQ Haq

by Tauqeer Abbas

Pakistan Muslim League-N President Shehbaz Sharif announced last week that party leader and former Prime Minister Nawaz Sharif is returning to Pakistan on October 21.

Nawaz Sharif went to UK for treatment in November, 2019 and since then he has not returned to Pakistan. He is facing various cases including corruption in which he has been convicted. Now that the Muslim League (N) has announced the return of Nawaz Sharif, this party is preparing on two fronts, one is efforts to politically mobilize workers to welcome him and on the other hand, possible relief from the courts. A strategy is being formulated to achieve

The lawyers of Muslim League (N) are optimistic that the leader of their party will not face any difficulties in facing court cases because according to them, the cases against Nawaz Sharif are political in nature, but some other legal experts say Nawaz Sharif may have to go to jail on his return before getting relief from the court.

After the announcement of his return, the chief organizer of the party, Maryam Nawaz, started a series of consultative meetings with various sub-organizations of the party, including women, youth, minorities, farmers, lawyers, professional wings, Ulama and Scholars wings, teachers and traders wings.

The most important point regarding the return of Nawaz Sharif is his conviction and other cases. The party’s senior leader and former interior minister Rana Sanaullah, speaking to the media on September 15, has said that October 21 has been announced by party president Shehbaz Sharif and Nawaz Sharif should return home as a free citizen. and will obtain security guarantees.

According to him: “A legal team is working to resolve Nawaz Sharif’s legal problems because he went abroad with the permission of the court and the then government.”

On Saturday, former Prime Minister Nazir Tarar, lawyer Amjad Pervez Malik and party leader Atta Tarar met Nawaz Sharif in London.

Azam Nazir Tarar, Advocate Amjad Parvez and Attaullah Tarar have repeatedly said that the leaders of PML-N will return to their homeland and face the cases against them.

Azam Nazir Tarar clarified in a conversation with the media that the Supreme Court’s annulment of several amendments of NAB last week has nothing to do with Nawaz Sharif’s return.

He ridiculed former Prime Minister Imran Khan without naming him and said, ‘Nawaz Sharif will not put a bucket on his head, he will appear in the courts smiling and the cases against him will be decided on merit because against him. There is no truth to the false cases made.’

Nawaz Sharif’s lawyer Amjad Pervaiz told reporters that he won Maryam Nawaz’s Avonfield case on merit in the Islamabad High Court.

From the first day we said that there is no evidence of corruption. These cases were made for political engineering and we proved it on record during the trial.

What are the cases against Nawaz Sharif?

Nawaz Sharif was sentenced to seven and 10 years imprisonment by the NAB Court in the Al-Azizia Steel Mill and London Apartment cases respectively.

The Supreme Court disqualified him in the Iqama case in July 2017, removing him from the prime ministership and serving a one-year sentence.

In the Avenfield case, Maryam Nawaz and her husband Captain (retd) Muhammad Safdar were also sentenced to 10 years in prison. Later the Islamabad High Court acquitted them both.

What will happen to the cases on the return of Nawaz Sharif?

Senior advocate of the Supreme Court Saif Al-Mulook said on the effect of the acquittal of Maryam Nawaz in the corruption cases and its effect on the punishment of Nawaz Sharif, that the acquittal by the Islamabad High Court after the conviction of Maryam Nawaz in the corruption cases is not legal. The sentence given to Nawaz Sharif should not be affected because the nature of the two cases is different.

He said that the case against Maryam Nawaz was that she was shown as the beneficial owner in the document of Avenfield Apartments and she was accused of forging the document.

He was punished when it (the document) was proved to be fake. Captain Safdar was punished for being a witness to this document while Nawaz Sharif was accused of abusing his position and making assets.

He said that Maryam Nawaz was not punished for corruption because she was not a public office holder till then, so it will not affect the cases of Nawaz Sharif.

In the cases in which Nawaz Sharif was convicted, he cannot get security bail. According to the law, an appeal cannot be filed in these cases until you go to jail.

He said that in the light of the Supreme Court’s decisions, a convicted person cannot file an appeal while outside the jail, whereas an appeal of Nawaz Sharif has already been dismissed.

He said that in a decision, the judges wrote that Nawaz Sharif can return to the country and restore the right to appeal, which is rare.

He said that Nawaz Sharif’s lawyers will probably apply in the court that Nawaz Sharif was in jail and the court sent him out of the country for four weeks for treatment and he went with the permission of the court. Now you bail us out. give it

“But the court did not suspend Nawaz Sharif’s sentence, the court sent him for treatment.”

He said that Nawaz Sharif’s legal team can raise the point that as per the court order he went out for treatment and since an application against the suspension of sentence cannot be filed while he is out of jail, therefore Nawaz Sharif can be released from jail. The right to apply against the suspension of sentence should be given because he had gone abroad with the permission of the court.

In the opinion of Advocate Saif Al-Mulook, “Nawaz Sharif may go to jail for a short period after returning home, as a result of which his lawyers will file an application for suspension of his sentence.”

He said that the new Chief Justice Qazi Faiz Isa has constituted a full court to hear the petitions which were filed against the Supreme Court Practice and Procedure Act.

“If these petitions are dismissed and the amendments made by the previous National Assembly are justified, even then legal ease will be created for Nawaz Sharif.”

Advocate Shah Khawar of the Supreme Court while talking to Independent Urdu said that there are two types of trials. In one, a person was under trial and if he left the country and did not return, he was declared an ad accused. Such an advertiser who has a pending case is temporarily admitted to the office with the observation that when he returns to the country and when he is produced before the court in case of arrest, then the case against him will be filed. There will be action.’

He said that whoever becomes an ad gets perpetual arrest warrants. In such a case, if he wants to return to the advertised country, he can come and there are two cases.

One they come back and arrest him. Otherwise, he should say through a lawyer from abroad that I want to surrender before the court, I should be granted pre-arrest bail or protective bail or transit bail when I come back to the airport. So I should not be arrested at this time and I should be given a few days to go to the regular court and file my anticipatory bail application.’

He said that in this way people generally get security guarantee. He was convicted in Nawaz Sharif’s case. While his appeals were pending in the High Court, he fell ill and went out of the country, and even now his appeals in the High Court have been declared admissible.

Advocate Shah Khawar further said that Maryam Nawaz and Captain Safdar were also involved in the Avenfield case, but as far as they were concerned, the court said that since they are present in the country, we will hear their appeal, while Nawaz Sharif should be declared an admiral. Kar registers their case in the office and when they appear, then their appeal will be heard again on merit.

“Now that the case has been punished, there cannot be a security bond in it, so they will have to come here and surrender before the court.”

Shafaqna Pakistan


Note; Shafaqna do not endorse the views of the author


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