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Suspension of Sharifs Sentence: IHC Issues Detailed Judgment

Islamabad (October 03, 2018): The Islamabad High Court on Wednesday issued a detailed judgment regarding its order to suspend the sentences of former premier Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Captain (retd) Muhammad Safdar in the Avenfield corruption reference.

The 41-page judgment on the IHC’s September 19 order has been written by Justice Athar Minallah.

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“In hindsight, the sentences awarded to the suspects cannot hold for a long time,” the judgment read.“The accountability court which awarded the sentences did not state how or refer to evidence regarding how Maryam assisted Nawaz in the purchase of the Avenfield apartments,” it added.

Further, the judgement stated, “The National Accountability Bureau (NAB) mostly relied on Panama Papers case to argue their points against suspension in sentences.”“Suspects were also indicted under NAB ordinance Section 9(a)(iv) but a trial court acquitted them under the same. However, the prosecution did not challenge the acquittal,” the judgment read.

“Court findings are not final and our opinions or observations will not influence the appeals,” the bench further said in its judgment.

Earlier on September 19, the Islamabad High Court (IHC) nullified sentence against Nawaz Sharif, Maryam Nawaz and Captain Retired Safdar in Avenfield Reference.

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Posted by Abbtakk on Wednesday, September 19, 2018

Justice Athar Minallah, while announcing the verdict, directed to release ex-prime minister Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Captain (r) Safdar over surety bonds worth Rs0.5 million each.The sentences will remain suspended until the final adjudication of the appeals filed by the petitioners, Sharifs were informed about the suspension of their sentence in Adyala Jail.A large number of Pakistan Muslim League-Nawaz (PML-N) leaders, including Shehbaz Sharif, Pervaiz Rashid and Khurram Dastgir, were present in the courtroom and cheered as the judgment was announced

Earlier on July 16, the Sharifs and Captain Safdar had filed appeals for the Avenfield verdict to be overturned. Their lawyers had also filed petitions that argued that until the IHC adjudicates on the appeals against the accountability court’s decision, the convicts should be released on bail.In the appeals, counsel Khawaja Haris had argued that the prosecution must establish its case beyond a shadow of a doubt in order to shift the onus of proof on the accused, but in the Avenfield properties reference the prosecution failed to establish such a case.

The convicts had appealed to the court for setting aside their sentence, suspending their sentence and granting them bail, and transferring Al-Azizia and Flagship references against them to a different trial court.

Background Of Case

Accountability court judge Mohammad Bashir had on July 6 convicted Nawaz, Maryam and Capt (retd) Safdar in the Avenfield properties reference and sentenced them to 11 years, eight years and one year, respectively, in prison.

Nawaz and Maryam were arrested on July 13 upon arrival in Lahore from London.

On July 16, the Sharifs had filed appeals for the Avenfield verdict to be overturned.

The Supreme Court had rejected a petition filed by the NAB challenging the IHC’s decision to hear Sharifs’ petitions against the Avenfield verdict.

Related News:

IHC Suspends Sentence Of Sharif’s In Avenfield Reference