The Islamabad High Court (IHC) on Wednesday suspended the jail sentences handed to former Prime Minister Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Captain (retd) Safdar in a corruption case. All three have been granted bail.
On July 6, an Accountability Court in Pakistan had sentenced Mr. Sharif to 10 years in jail, Maryam Sharif seven and Captain Safdar one year.
National Accountability Bureau (NAB) prosecutors have been criticised for presenting a weak case in the High Court. As reported in Dawn newspaper, Justice Athar Minallah remarked that “the NAB, after conducting thorough investigation, couldn’t bring any evidence of Nawaz Sharif’s ownership of the Avenfield apartments (in London), but you want us to admit his ownership on mere presumption”.
The High Court order comes a week after Mr. Sharif’s wife Kulsoom passed away. Mr Sharif, Maryam Nawaz and Captain Safdar were granted parole for five days to attend her funeral. They were sent back to Adiala Jail in Rawalpindi on Monday. After the High Court verdict, Pakistan Muslim League-Nawaz (PML-N) workers and leaders celebrated the release of the former Prime Minister and his daughter.
Supreme Court lawyer Faisal Chaudhry said the court has only suspended the sentence, not acquitted Mr. Sharif and family of the charges. “It is good to see that the courts are working freely and this essentially negates the PML-N’s own narrative, challenging the credibility of the courts,” said Mr. Chaudhry.
It will be too early to comment on the merits of the decision since the reasoning [full verdict] is not before us for an analysis, but it has certainly embarrassed the NAB authorities since they apparently mishandled the prosecution, he added.
Senior anchorperson Muneeb Farooq, who is also a lawyer by profession, is of the opinion that while this is indeed an interim relief, the fact remains that “the NAB miserably failed to defend its own chargesheet against the accused”.
High Court lawyer Waqqas Mir said Pakistan’s Code of Criminal Procedure allows an appellate court to suspend a lower court judgment while appeal is pending.
‘Not a surprise’
“Furthermore, the appellate court can order the release of the convicted on bail till the time the appeal is finally decided. Anyone who read the NAB court judgment convicting the Sharifs and Captain Safdar would tell you that the reasoning of the trial court was weak. The High Court order doesn’t come as a surprise,” Mr. Mir added.
PML-N Senator Musadik Malik said the most important element in this case is that the Avenfield decision itself stated that there was no corruption. “Political hoopla was all about corruption and money laundering but the court decision negated that.” If there was indeed corruption, the NAB should have appealed against this verdict, but it didn’t. It validates that the NAB and prosecution recognise or accept that there was indeed no corruption or money laundering, he added.
When the Islamabad High Court bench asked the NAB if they have ascertained the value of Mr. Sharifs’ assets, they said no. If the NAB has not ascertained the value of assets or means, then how can the Sharifs be convicted of living beyond means, Mr. Malik asked.
“Facts did not support for the Sharifs to be behind bars — there was no evidence of corruption, money laundering or living beyond means. Justice has prevailed. The entire political rhetoric regarding corruption and other charges has been destroyed.”
