Dismissed – Daily Times

Dismissed – Daily Times

ISLAMABAD: The Islamabad High Court (IHC) on Thursday dismissed two appeals filed by former Prime Minister Nawaz Sharif against his imprisonment in Azizia Steel Mills and Avonfield Apartments references.

The court also upheld the Islamabad Accountability Court’s verdicts of 11 years and seven years imprisonment in Avinfield and Azizia Steel Mill References respectively. Since the appellant is a fugitive from the law, the audience has lost its right before this court and we have no choice but to dismiss its appeals. Immediate appeal is dismissed. The appellant can file an application before this court, whenever and wherever he surrenders or is arrested by the authorities, to decide the appeal on merits. The court order read, “It is not necessary to see that the said application, if and when it is made, will be decided in accordance with the law.”

A division bench of the IHC comprising Justice Amir Farooq and Justice Mohsin Akhtar Kayani passed the nine-page judgment, which was reserved a day earlier after hearing arguments from the NAB prosecutor and Amex Corey.

“The appellant was given a fair hearing and at the time of hearing the appeal he has now absconded from justice. Mian Muhammad Nawaz Sharif was given an unfair trial because the appellate trial court had given him a hearing as well as a prosecution.” The witnesses were given an opportunity to be examined and their sentence was recorded only after a proper trial. Despite being on bail, he went abroad and did not appear in this court and without any justification, on several dates. Absent, the court had no choice but to follow the procedure given under the Code of Conduct 1898 and declare him a fugitive from the law.

The former prime minister was sentenced to a total of 11 years imprisonment in addition to a fine of 8 8 million (Rs 1.3 billion) in the Avonfield Apartments reference, while the trial court had sentenced Nawaz Sharif to seven years imprisonment with Rs 1.5 billion. Azizia Steel Mills reference fined 25 25 million. The former prime minister had filed appeals in the IHC against the accountability court’s decision. The IHC had suspended the decision in the Avonfield reference and later granted bail to Nawaz Sharif in the Azizia Steel Mills reference, which allowed him to travel abroad for medical treatment. However, the accused deliberately skipped several hearings and refused to surrender despite repeated court notices. Subsequently, the IHC declared Nawaz Sharif a fugitive for his repeated disappearances and his appeals were eventually dismissed.

During Wednesday’s hearing, the NAB’s Additional Prosecutor General reminded the bench that it had already considered declaring Sharif a fugitive. However, he had argued that in the Avonfield reference, the court was free to hear the appeals of Maryam Nawaz and retired Captain (Zero) against his conviction. Advocate Tarar, on the other hand, argued before the court that before the 18th Amendment, when Article 10-A of the Constitution, which guarantees a fair trial, had not been inserted, the High Courts had rejected the fugitives’ appeals. Used to announce. There were criminals and there were no strict rules for fugitives. However, he said that after the introduction of Article 10-A in the Constitution, it would ensure fair trial and right of the audience even for those who do not appear before the court.

Reacting to the court’s decision, Federal Minister for Information and Broadcasting Chaudhry Fawad Hussain on Thursday dismissed the appeals of PML-N leader Nawaz Sharif, explaining the IHC’s victory for the people and the PTI’s stance. ۔ “From the beginning, we (Pakistan Tehreek-e-Insaf) have been of the view that Nawaz Sharif’s family should return the money they looted from the people,” he said in a video message. This is because Nawaz Sharif, who was declared a fugitive, has not yet been paid the fine imposed on him by the Islamabad Accountability Court.

The Minister expressed the hope that justice would be ensured in the event of an appeal by PML-N leader Maryam Nawaz. He added that the nation wants justice with the former rulers, who should be behind bars.

Giving details of the cases against the Sharif family, he said that the accountability court had sentenced Nawaz Sharif, his daughter (Maryam) and son-in-law Captain (R) to seven years and one year imprisonment. Safdar in the case of four Avenfield apartments respectively. He added that in this case, Nawaz is in large numbers with his two sons, Hassan and Hussain.


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