Four years after their conviction in Mayfair flats London reference on Thursday Islamabad High Court (IHC) acquitted vice president Pakistan Muslim League (PML-N) Maryam Nawaz and her husband retired Army captain Safdar on the grounds of lackluster performance of top anti-graft body’s prosecution.
Announcing verdict on July 06, 2018 in the Avenfield properties corruption reference of the National Accountability Bureau (NAB), Islamabad National Accountability Court awarded ousted prime minister Nawaz Sharif 10 years as jail time for owning assets beyond known income and 1 year for not cooperating with the NAB.
Besides, the Accountability court awarded seven years prison to Maryam under the charges of aiding and abetting her father and non-cooperation with NAB amid awarding one year prison sentence to Safdar for abetting and aiding Maryam and Nawaz Sharif in the matter. However, the accused persons Safdar and Maryam were granted bail during September 2018 whereas in November 16,2019 Lahore High Court allowed Nawaz Sharif to travel abroad for four weeks for medical treatment. Nawaz Sharif is still getting medical treatment from London UK since November 2019.
It is worth mentioning that earlier the top anti-graft body had filed three references in Avenfield, Al-Aziza Steel Mills, Hill Metal Establishment and offshore companies including Flagship Investment Limited against Sharif family in pursuance of the Supreme Court directives of July 2017 in Panama papers case. The Accountability Court commenced trial in the matter during September 2018. The three-time premier and his sons Hasan and Hussain were accused in all the three graft references whereas his daughter Maryam Nawaz and son-in-law Safdar were accused in the Avenfield reference only.
Lahore High Court allowed Nawaz Sharif to travel abroad for four weeks for medical treatment. He is still getting medical treatment from London UK since November 2019.
Sharif was ousted and disqualified from holding office by the Supreme Court in July 2017 and jailed during 2018 in absentia as he was apprehended on July 13,2018 upon returning from London. However, in September 19, the IHC had granted bail to Nawaz Sharif, his daughter and son-in-law Capt (r) Safdar.
Maryam and Safdar had invoked jurisdiction of the IHC challenging the conviction in the matter. Pronouncing the verdict in response to the appeals on Thursday, a division bench of the Islamabad comprising Justices Aamir Farooq and Mohsin Akhtar Kiyani allowed the appeals while setting aside the NAB references against both the accused persons through a short order saying reasons of the decision would be recorded later.
Appearing before the bench on Thursday counsel for the accused persons contended that prosecution failed to prove its case in the matter saying the case lacked evidence from the very first day. It has been reported that NAB in September had admitted before the IHC that the PML-N leader had no direct role in purchasing the Avenfield properties in London.
During the hearing on Thursday, a NAB Prosecutor Usman Rashid Cheema was not able to appear before the court as the court was apprised that he was medically not feeling well. Sardar Muzaffar Abbasi represented the accountability watchdog in his place at the court instead.
“I will not go into the background of the case, I will start from where the arguments ended,” said Abbasi as the proceedings were initiated. The court had asked several questions of the NAB prosecution, against which Abbasi presented his arguments but nonetheless failed to satisfy the court.
“Maryam Nawaz and Nawaz Sharif’s connection to the assets beyond means has not been proven,” remarked the court. “How do Wajid Zia’s statement and the material presented prove the prosecution’s case?” the IHC inquired. It may be noted here that Zia was the investigating officer (IO) who headed the joint investigation team (JIT) that probed the Panamagate, leading to the disqualification of former prime minister Nawaz Sharif.
“Wajid Zia had seen all these records himself,” responded Abbasi but the court appeared dissatisfied with the answer. “What is Maryam Nawaz’s link with Nawaz Sharif in the assets case?” inquired Justice Amir Farooq. “You have not provided a single link yet,” the judge observed. “I will show it from the documents as well,” the NAB prosecutor responded.
“Then why to waste time,” the judge remarked, “come to the point”. However, the prosecution failed to answer the court’s concerns. “The IO’s observations cannot be presented as proof,” Justice Kiyani remarked. “The JIT provided no proof,” he further observed.
Later the court announced its verdict ordering the acquittal of Maryam Nawaz and retired Army captain Safdar and declared the seven-year imprisonment sentence illegal.
