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 short ruling, IHC’s Justice Mohsin Akhtar Kayani remarked that the PML-N supremo neither underwent a surgical procedure regardless of citing it as a purpose behind acquiring bail to journey 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 to be able 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) attraction. “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 in search of 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 query was if an absconder might appoint his personal lawyer. The query was whether or not Musharraf, whereas being an absconder, might file a petition. Here, our utility was filed earlier and the lawyer can also be current first.
“In one certain case, the Supreme Court heard Musharraf despite him being an absconder,” he added. To which, the courtroom requested: “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 overview its order for him to give up.
Haris mentioned Nawaz was in London and never able 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 medical doctors permit Nawaz Sharif to journey, he’ll return on the primary flight.
Noting that the PML-N supremo’s workforce had offered his medical certificates already, Haris mentioned the NAB and the federal authorities had not offered any remark denying them.
“According to medical certificates, Nawaz Sharif is not fit to return home,” he mentioned. “If these unfit certificates are undeniable, then how can an order be issued against Nawaz?”
To which, Justice Kayani mentioned the medical certificates “are the opinion of a consultant and not from a hospital”.
“The permission to travel abroad was not sought from this court,” the decide mentioned, referring to the IHC. “The bail was for a specified period and, perhaps, this was not conveyed to the Lahore High Court.”
Haris mentioned instances towards the previous premier have been being heard in Lahore as nicely. “The court asked us to approach the government of Punjab for an extension in the bail in the Al-Azizia case,” he mentioned.
To which, IHC Justice Aamer Farooq mentioned: “The only question before us is that the bail granted earlier has expired so what should we do now?”
Relief to absconders ‘will have an effect on justice system’
On the opposite hand, in his arguments, Bharwana, the NAB’s lawyer, mentioned Nawaz had been ordered by the courtroom to give up.
“Petitions filed by Nawaz Sharif are inadmissible,” he mentioned.
“Nawaz Sharif’s bail in Azizia reference has expired,” the courtroom remarked. “It is an accepted fact that Nawaz Sharif did not appear before the court,” it added.
“The court has the power to reject the absconder’s appeal or appoint a legal counsel for him,” Bharwana added. “Giving relief to absconders will affect the justice system. The court already gave him an opportunity to surrender.”
Nawaz’s ‘life in peril’
Former prime minister Shahid Khaqan Abbasi mentioned there isn’t any doubt that the IHC has given precedence to authorized standards, however he was additionally upset.
“Nawaz Sharif has always respected the courts and he always will,” he mentioned, including that it was the previous premier’s proper to get handled.
Abbasi mentioned that medical doctors’ stories present that Nawaz’s life is in peril and that his remedy had been delayed resulting from coronavirus.
The PML-N stalwart, referring to former decide Arshad Malik’s confession, mentioned that “if the government was able to get Nawaz indicted through blackmailing, then how can a common man expect justice”.
Meanwhile, PML-N’s Khawaja Asif lamented that authorities representatives have been ridiculing Nawaz’s sickness.
“We respect the law and courts […] We accept the court’s decision,” he mentioned.
Asif mentioned that as quickly as Nawaz recovers and medical doctors approve journey, he would come again to the nation and face the legislation.
“The verdict issued today is not in our favour, but we respect it,” he mentioned.
“He left his wife and came back to the country with his daughter […] you will not find such an example anywhere, where a man leaves his ailing wife and returns to the country,” he mentioned.
Moreover, PML-N secretary-general Ahsan Iqbal mentioned whereas the celebration may need reservations towards the decision, they respect it nonetheless.
Iqbal demanded Punjab health minister Dr Yasmin Rashid resign if the federal government feels Nawaz’s stories have been solid, as she had permitted them.
“Imran Khan should resign as well as the reports were presented in the cabinet and Nawaz Sharif was consequently allowed to travel,” he added.
“PML-N believes in upholding the law […] We accept every decision taken,” he added.