IHC gives one more chance to Nawaz Sharif to appear before the court
Nawaz Sharif no more on bail- surrender before the court till September 10
The
Islamabad High Court (IHC) said it was allowing the former Prime Minister Nawaz
Sharif and convict in Al-Azizia Steel Mills and Flagship Investment references one
more chance to surrender him by appearing before the court by September 10.
Islamabad
High Court in its written order has asked former prime minister to surrender
and appear before the court on September 10. The IHC made it clear that Nawaz
Sharif is not on bail anymore. We are not declaring Nawaz Sharif absconder and
giving him an opportunity to appear before the court.
A two-member
bench of the IHC, comprising Justice Aamer Farooq and Justice Mohsin Akhtar
Kayani hear the petition filed by former prime minister seeking exemption from
hearing on medical grounds in appeals pertaining to the Al-Azizia Steel Mills
and Flagship Investment references.
NAB
Prosecutor General Jahanzeb Bharwana in his arguments opposed the appeal filed
by Nawaz against his exemption of appearance. He pointed to the court that both
the appeals were not fit for a hearing.
“A detailed
undertaking should be taken [from Nawaz Sharif] along with the appeals,” said
Bharwana. He added that the failure of the former prime minister to appear
before the court was absconding. “Punjab government’s order to dismiss Nawaz
Sharif’s bail has not been challenged anywhere,” the NAB lawyer told the court.
However, court
rejected the NAB’s request to declare the former prime minister fugitive. It
added that they will give a date to the former prime minister to surrender. “We
will not declare Nawaz Sharif a fugitive. We will give one chance to Nawaz
Sharif to surrender,” remarked Justice Farooq.
The court
directed the federal government to present a report on his health and adjourned
proceedings of the petition till September 10.
“The current
status of Nawaz Sharif is that he is not out on bail. This is a legal position
that he is not on bail,” Haris told the court.
The lawyer
informed the court that the former prime minister had gone out of the country
for medical treatment. He added that his client’s plea to extend the bail was
rejected when he was abroad.
Harris told
the court that multiple medical boards, including private and government, were formed
regarding the elder Sharif’s illness. He added that they recommended that the
former premier be sent abroad for medical treatment. He also told the court
that the reasons for the former prime minister to not return to the country
were also mentioned in the plea.
“Shouldn’t
have Nawaz Sharif surrendered to the court after the expiry of his bail,” the
court asked Khawaja Harris. To this, Harris informed the bench that his
client’s case was “unique” and he will give a “detailed briefing on why his
client did not surrender before the court”. He added that the illness that
Nawaz Sharif had could not be treated in Pakistan.
The lawyer
informed the court that they had approached the Lahore High Court (LHC) for the
removal of Nawaz Sharif’s name from the Exit Control List (ECL). “An
undertaking was given that Nawaz would return to Pakistan once he recovers,” he
said. “Nawaz Sharif was allowed to go abroad once on medical grounds,” said
Haris.
Haris then
informed the court that his client's medical reports were submitted to the
Punjab government but his request to extend the bail was rejected.
“When did
Punjab government reject the request to extend the bail?” asked the court. To
this, Haris informed that the provincial government had rejected the request on
February 27.
If LHC
ordered the removal of name from the ECL then [does] this mean that the
Al-Azizia sentence [has been] finished,” asked the court. It added that IHC had
suspended the sentence for a “specific time period”.
“After the
LHC order can the IHC order be superseded?” questioned the court.
While
Justice Kayani asked Nawaz Sharif’s lawyer if the Punjab government had shared
all the documents related to the case.
“We have
submitted a report on this to the registrar of the high court,” responded Haris
to the judge’s query. He also added that neither the federal government nor any
high commission reviewed Nawaz Sharif’s medical reports.
“Is Nawaz
Sharif admitted in a hospital?” asked Justice Kayani. To this, Haris responded
saying that by not being admitted in the hospital does not mean that the former
premier is not under treatment in London.
“We are
concerned about the bail,” Justice Farooq told the lawyer. He added that matter
regarding Nawaz’s name on ECL was in the LHC. The bench was looking into the
matter of bail and suspension of sentence, the judge remarked. “The order of
this court will also affect the LHC verdict,” observed Justice Farooq.
Next hearing
of this case will be on September 10.
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