ISLAMABAD, Dec 12 (APP):A Division Bench of Islamabad High Court (IHC) on Tuesday acquitted Pakistan Muslim League-N Quaid Nawaz Sharif in Al-Azizia Steel Mills reference and annulled his sentence, announced by the trial court.
A two-judge bench of IHC, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, announced the verdict which had earlier been reserved after hearing arguments from both sides. Former prime minister Nawaz Sharif appeared before the court along with his legal team.
During the course of proceedings, Nawaz Sharif’s lawyer Amjad Pervaiz read out various parts of the trial court’s judgment and said that the accountability court had only relied on the miscellaneous applications submitted to the top court.
The three civil miscellaneous applications were filed by Maryam, Hassan and Hussain Nawaz, he said, adding none of these proved that Nawaz Sharif was the owner of these assets.
He said that the trial court even didn’t make these C.M.As as part of the case record. He said that the trial court also relied on the speech of Nawaz Sharif in the national assembly and TV interview of Hussain Nawaz. He said that Hussain Nawaz had stated that these assets had no connection with his father.
The lawyer said that the prosecution had to prove that the accused were public office-holders. It also had to show the value of the income and assets and it had to prove that the owner of these assets were dependents on Nawaz Sharif.
Amjad Pervaiz said that the prosecution had to prove that the Benami property was created. If evidence was not given, it did not become a case of assets beyond source of income, he said, adding that there was no such case in which the accused has been given sentence in the absence of clear and logical proof of ownership.
The lawyer said that the prosecution couldn’t produce even a single proof against his client, adding burden of proof couldn’t be shifted on the accused.
Giving argument on the occasion, the NAB prosecutor said that the references were filed on the directives of the top court. The Supreme Court had constituted joint investigation team (JIT) to probe and after the decision of the apex court the NAB conducted its investigation, he said.
He said that whatever evidences were collected, had been attached. The prosecutor read out some parts of the indictment against Nawaz Sharif.
Chief Justice Aamer Farooq said basically there were allegations pertaining to Al-Azizia and Hill Metal in this case. First indentify how much money had been sent in Al-Azizia. How it was sent and when did the factory start its operations. He asked the prosecution to tell when Al-Azizia Steel Mills and Hill Metal were set up. If there was any document, show it, he said.
NAB prosecutor said that Nawaz Sharif was indicted with the charges of corruption and corrupt practices. The witnesses from SECP, bank and FBR appeared in court for testimony, he said, adding MLAs also wrote to get evidence from abroad.
The chief justice asked the prosecutor to present the proof or evidence which proved the connection of Nawaz Sharif with this property.
The NAB prosecutor said that after the termination of judge Arshad Malik, the decision should not be relied upon. The decision of the accountability court in Al-Azizia reference was biased, he said, adding after the decision of the Supreme Court regarding the said judge, this decision could not be deemed as accurate.
The chief justice said that the observations of the top court in the Arshad Malik case were quite strong. Even if the application had not been filed, the decision would have been taken into account, he added.
The chief justice asked the prosecutor to present the evidence before it, then try to connect the relation of Nawaz Sharif with the assets. The court would decide the appeal on merit, he added.
The chief justice asked the prosecutor to present the documents on which basis JIT head Wajid Zia reached on a conclusion.
After the two sides concluded arguments, the court reserved judgment in the appeal and later acquitted Nawaz Sharif from charges while announcing its verdict.
It may be mentioned that an accountability court had announced seven-year sentence along with Rs1.5 billion fine to former prime minister on December 24, 2018 in Al-Azizia Steel Mills. The IHC had already acquitted Nawaz Sharif in Avenfield property case.
