The Supreme Court on Monday dismissed the National Accountability Bureau’s appeal against the suspension of Sharif family’s sentences in the Avenfield reference.
A five-member bench of the apex court, headed by Chief Justice Mian Saqib Nisar and comprising Justice Asif Saeed Khosa, Justice Gulzar Ahmed, Justice Mushir Alam and Justice Mazhar Alam Khan Miankhel, heard the appeal filed against Islamabad High Court’s verdict suspending sentences awarded to former prime minister Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Captain (r) Safdar by an accountability court in the corruption reference.
The apex court, in its ruling, said the NAB has failed to provide the ‘ground’ for cancellation of bail, adding that the IHC had not exceeded its authority in granting bail to the convicts in the Avenfield reference.
At the outset of the hearing, the chief justice told NAB prosecutor Akram Qureshi to “convince [the bench] why the high court’s ruling should be suspended”. He told the NAB counsel to delineate the grounds on which the apex court can suspend the grant of bail. “Also tell us if the high court had the authority to suspend the sentence,” he added.
Qureshi explained that his argument stood on the basis of earlier cases heard by the top court, claiming that bail can only be granted in the case of ‘hardship’, which was not the reason behind IHC’s verdict. At this, Justice Khosa said that imprisonment of a woman – in this case Maryam Nawaz – could be considered as ‘hardship’.
The NAB prosecutor pointed out that the IHC had questioned the merit of the trial in its judgement – something he said a high court cannot do in a bail plea. “Nawaz Sharif was granted bail on the same grounds that had led to his conviction,” observed Justice Gulzar Ahmed. “You did not challenge those grounds.” Justice Asif Saeed Khosa said NAB’s argument was not ‘solid’, and rejected the claim that the high court had exceeded its authority. He further said the high court had mentioned that its observation was not final. The chief justice told the NAB prosecutor that an interim order is never final and it never affects the final verdict either.
Justice Khosa said the IHC decision was temporary and the apex court would not interfere with the decision. “Person [Nawaz Sharif] is in prison and there is no allegation about the misuse of bail,” he said. “We have a constitution and justice will prevail in the country. There will be a fair trial in every case,” he added.
Towards the end of the hearing, the chief justice asked the NAB counsel that on what grounds should the apex court suspend the bail. “Rules of granting a bail differ from rules of suspending a bail,” he observed.
The NAB had approached the top court after the Islamabad High Court suspended sentences awarded to the Sharif family in the Avenfield reference. Nawaz Sharif, Maryam Nawaz and Captain (r) Safdar, thereafter, were released on bail from Rawalpindi’s Adiala Jail.
Reacting to the top court’s decision to dismissing the NAB appeal, Information Minister Fawad Chaudhry took to Twitter and hailed the decision saying Nawaz Sharif is still in prison and hence the decision will not have any effect on the present state of the PML-N.
Published in Daily Times, January 15th 2019.
