ISLAMABAD: The Islamabad High Court (IHC) on Tuesday issued non-bailable arrest warrants for former prime minister Nawaz Sharif throughout a listening to over the PML-N supremos’s petition to hunt exemption from courtroom look.
In a quick ruling, IHC’s Justice Mohsin Akhtar Kayani remarked that the PML-N supremo neither underwent a surgical procedure regardless of citing it as a motive behind acquiring bail to travel to the United Kingdom nor was he admitted to a hospital.
“Our bail order has expired, which has its own effects,” the decide mentioned throughout a listening to on the IHC over a petition to cancel Nawaz’s bail within the Avenfield properties reference.
The non-bailable arrest warrants have been issued as a way to make sure the PML-N chief’s look at an upcoming listening to on September 22.
‘No one is absconding’
During the listening to, the courtroom requested how was it supposed to listen to the National Accountability Bureau’s (NAB) enchantment. “Do we announce a ruling on this without hearing the other side,” the courtroom remarked.
To which, NAB Additional Prosecutor General Jahanzeb Khan Bharwana mentioned the courtroom might appoint a authorized counsel to symbolize Nawaz.
“Then this principle will also apply to the appeals filed by Nawaz Sharif,” the courtroom shot again at Bharwana, who mentioned the PML-N supremo was absconding, not him, and that he was current earlier than the decide.
“I’m sorry but no one is absconding in front of the court right now,” Nawaz’s Sharif’s defence counsel Khawaja Haris responded to the NAB prosecutor-general.
Haris’ arguments and a ‘related’ case
In his arguments, Haris mentioned Nawaz’s case was “similar” to that of former president Gen (r) Pervez Musharraf. The PML-N chief “also spent time in jail after his conviction and filed an appeal”, he mentioned.
To which, Justice Kayani remarked that within the case referred, “the accused had escaped from jail”.
“It was a more serious crime wherein the absconder’s appeal was decided on merit,” Harris mentioned.
“Where the NAB law is silent, the criminal code applies,” the courtroom responded.
“I want to tell the court that Nawaz Sharif cannot appear in court at the moment,” Harris mentioned.
“Is whatever you referred to acceptable here,” the IHC requested. “We are here to hear a criminal case in which you seek an exemption.”
Haris mentioned he was not looking for an exemption within the Al-Azizia case.
“But isn’t that what’s written in your petition,” the courtroom requested.
Haris mentioned: “In Musharraf’s case, the question was if an absconder could appoint his own lawyer. The question was whether Musharraf, while being an absconder, could file a petition. Here, our application was filed earlier and the lawyer is also present first.
“In one sure case, the Supreme Court heard Musharraf regardless of him being an absconder,” he added. To which, the court asked: “So now might you please describe the extraordinary circumstances that you just assume apply on this case?
Nawaz’s medical certificates ‘not from a hospital’
“Do you want hearings on the appeals to be adjourned or to be heard in the absence of Nawaz Sharif?”
“Yes, this is my request to the court,” Haris mentioned.
“Even if we declare Nawaz Sharif an absconder, the appeal will still be heard,” the IHC replied. However, “the court has not yet declared Nawaz Sharif an absconder”, it added, reserving the choice on the previous PM’s petition to the courtroom to evaluation its order for him to give up.
Haris mentioned Nawaz was in London and never ready to return to Pakistan and that “doctors have advised Nawaz Sharif against traveling”.
“Nawaz Sharif made it clear in his petition that he wanted to return to Pakistan,” his counsel mentioned. “If doctors allow Nawaz Sharif to travel, he will return on the first flight.
Noting that the PML-N supremo’s team had provided his medical certificates already, Haris said the NAB and the federal government had not provided any comment denying them.
“According to medical certificates, Nawaz Sharif is just not match to return home,” he said. “If these unfit certificates are simple, then how can an order be issued towards Nawaz?”
To which, Justice Kayani said the medical certificates “are the opinion of a guide and never from a hospital”.
“The permission to travel overseas was not sought from this courtroom,” the judge said, referring to the IHC. “The bail was for a specified interval and, maybe, this was not conveyed to the Lahore High Court.”
Haris said cases against the former premier were being heard in Lahore as well. “The courtroom requested us to approach the federal government of Punjab for an extension within the bail within the Al-Azizia case,” he said.
To which, IHC Justice Aamer Farooq said: “The solely query earlier than us is that the bail granted earlier has expired so what ought to we do now?”
Relief to absconders ‘will affect justice system’
On the other hand, in his arguments, Bharwana, the NAB’s lawyer, said Nawaz had been ordered by the court to surrender.
“Petitions filed by Nawaz Sharif are inadmissible,” he said.
“Nawaz Sharif’s bail in Azizia reference has expired,” the court remarked. “It is an accepted indisputable fact that Nawaz Sharif didn’t seem earlier than the courtroom,” it added.
“The courtroom has the facility to reject the absconder’s enchantment or appoint a authorized counsel for him,” Bharwana added. “Giving reduction to absconders will have an effect on the justice system. The courtroom already gave him a possibility to give up.”
Nawaz’s ‘life in danger’
Former prime minister Shahid Khaqan Abbasi said there is no doubt that the IHC has given priority to legal criteria, but he was also disappointed.
“Nawaz Sharif has all the time revered the courts and he all the time will,” he said, adding that it was the former premier’s right to get treated.
Abbasi said that doctors’ reports show that Nawaz’s life is in danger and that his treatment had been delayed due to coronavirus.
The PML-N stalwart, referring to former judge Arshad Malik’s confession, said that “if the federal government was in a position to get Nawaz indicted by way of blackmailing, then how can a typical man anticipate justice”.
Meanwhile, PML-N’s Khawaja Asif lamented that government representatives were ridiculing Nawaz’s illness.
“We respect the regulation and courts […] We settle for the courtroom’s choice,” he said.
Asif said that as soon as Nawaz recovers and doctors approve travel, he would come back to the country and face the law.
“The verdict issued at this time is just not in our favour, however we respect it,” he said.
“He left his spouse and got here again to the nation together with his daughter […] you’ll not discover such an instance anyplace, the place a person leaves his ailing spouse and returns to the nation,” he said.
Moreover, PML-N secretary-general Ahsan Iqbal said while the party might have reservations against the verdict, they respect it nonetheless.
Iqbal demanded Punjab health minister Dr Yasmin Rashid resign if the government feels Nawaz’s reports were forged, as she had approved them.
“Imran Khan ought to resign in addition to the reviews have been offered within the cupboard and Nawaz Sharif was consequently allowed to travel,” he added.
“PML-N believes in upholding the regulation […] We settle for each choice taken,” he added.