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Nawaz Sharif moves IHC seeking restoration of appeals in graft cases

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  • Nawaz’s counsel Amjad Pervez files the petitions in IHC.
  • Petition says Nawaz’s absence before court wasn’t intentional. 
  • Ousted PM was handed 10 years in jail in Avenfield reference.

ISLAMABAD: Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif has moved the Islamabad High Court (IHC) on Monday seeking restoration of appeals against the accountability courts’ verdicts in the Avenfield and Al-Azizia cases.

Nawaz’s counsel Amjad Pervez filed the petitions in the IHC, requesting the court to hear the appeals on merit as earlier they were discarded for non-compliance when the PML-N supremo did not return from London after he was granted permission by the court in November 2019 to go abroad for medical treatment.

In the Avenfield petition, the PML-N chief maintained that he was sentenced in absentia on July 6, 2018 in Avenfield reference as he could not attend a court hearing in view of his wife’s ailment who was undergoing treatment and on the ventilator at a hospital in London.

Nawaz said his appeals against the Avenfield and Al-Azizia references were not dismissed on merit rather they were discarded for non-compliance.

“[…] the absence of the petitioner before this Hon,ble Court was neither intentional nor deliberate or mala-fide, rather, he was unable to enter appearance due to Medical advice and circumstances beyond his control, unfortunately, his health condition could not improve and the requisite procedures got delayed on account of COVID-19 pendamic, on account of the peculiar background and nature of various serious ailments, he was consistently advised not to travel and stay in close proximity of Healthcare facilities in London for ongoing treatment and planned interventions which facts are duly reflected in the Medical Reports..”

The PML-N supremo implored the court in the petitions to restore the appeal “to its original position along with all interim, incidental and ancillary orders connected therewith and the same may kindly decided on merits in accordance with law in the interest of justice”.

“Any other relief deemed appropriate in the peculiar circumstances of the case be also awarded,” the plea added.

Nawaz had signed legal documents including appeals to be filed in the IHC after returning to Pakistan after four years of self-imposed exile in London on Saturday.

The appeals were dismissed due to non-appearance of Nawaz in the IHC.

Ahead of returning to the country, the former PM had secured protective bail in the graft cases till October 24, which averted threat of his immediate arrest.

In July 2018, the ousted prime minister was handed a 10 year jail sentence in the Avenfield reference for owning assets beyond known income and one year for not cooperating with the National Accountability Bureau (NAB), which was to be served concurrently.

PML-N Chief Organiser Maryam Nawaz was sentenced to seven years in jail in the case but was acquitted in September 2022 along with her husband Captain (retd) Safdar.

In the Al-Azizia Steel Mills corruption reference, Nawaz Sharif was sentenced to seven years in jail on Dec 24, 2018 and then taken to Rawalpindi’s Adiala Jail from where he was shifted to Lahore’s Kot Lakhpat jail next day.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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