Nawaz granted bail in graft cases; arrest warrant suspended

Nawaz declared absconder in NAB references over non-compliance.

Nawaz granted bail in graft cases; arrest warrant suspended in Toshakhana case. All the legal hurdles were removed on Thursday in the smooth return of former prime minister Nawaz Sharif after he was granted protective bail in two graft cases and an accountability court suspended his arrest warrant.

The Pakistan Muslim League-Nawaz supremo had approached the Islamabad High Court (IHC) for bail in Al-Azizia and Avenfield references which approved the pleas, granting bail till October 24.

The IHC announced the verdict, restraining the authorities from arresting Nawaz on his return to the country on Saturday (October 21).

The high court said the National Accountability Bureau (NAB) did not raise any objections to the protective bail sought by the PML-N supremo in corruption cases.

Earlier, an accountability court suspended the arrest warrant issued against him in the Toshakhana case.

A two-member IHC bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the Nawaz’s bail petitions.

A day earlier, the IHC issued a notice to NAB on Nawaz’s petitions seeking protective bail in Al-Azizia and Avenfiled references.

The NAB Rawalpindi bureau had nominated Rafay Maqsood to appear before the IHC bench as a prosecutor.

The three-time former prime minister was declared a proclaimed offender by IHC in the Avenfield and Al-Azizia cases over non-compliance after he went to London for medical treatment with the court’s permission in November 2019.

In Avenfield and Al-Azizia references, Nawaz was sentenced to 10 and seven years in prison, respectively, by an accountability court in 2018.

His appeals against the convictions were dismissed by the IHC bench comprising IHC Chief Justice Aamer Farooq and Mohsin Akhtar Kayani for non-compliance.

Nawaz’s sentence in Al-Azizia reference was suspended in 2019 by the Lahore High Court (LHC) on medical grounds and he was permitted to fly to London to seek treatment, after which he did not return.

Warrant suspended in Toshakhana case

Before IHC hearing, an accountability court suspended Nawaz’s arrest warrant in the Toshakhana case after the NAB prosecutor raised no objections.

The decision was announced shortly after the verdict was reserved on Nawaz’s plea seeking suspension of arrest warrant in the Toshakhana case.

Accountability court Judge Muhammad Bashir approved the former PM’s plea and said that the arrest warrant would be restored if the accused did not appear before the court on October 24.

A day earlier, the former PM moved an accountability court in Islamabad to prevent his arrest in the case on his return to the country on October 21.

During the hearing today, Nawaz’s counsel Qazi Misbah implored Judge Bashir to suspend the arrest of his client in the case as he was returning to the country and wanted to appear before the court.

Nawaz, the three-time former premier, is set to return to the country on Saturday ending four-year self-imposed exile in London.

Before his arrival to the country, his legal team approached the Islamabad High Court (IHC) and the accountability court for protective bail to avert his arrest on return to the country.

During the hearing today, Nawaz’s counsel informed the court that the former PM wanted to appear before the court on the next case hearing fixed for October 24.

Responding to the judge’s query as to why Nawaz did not appear in court, lawyer Misbah said his client was unwell and added that his medical report had been submitted along with the petition.

The National Accountability Bureau (NAB) prosecutor, who filed the Toshakhana reference against the ex-PM, requested the court to suspend the accused’s arrest warrant if he wanted to surrender before the court till October 24.

The prosecutor said the objective of an arrest warrant is to ensure compliance with the law.

Judge Bashir also inquired about the status of other accused including former president Asif Ali Zardari. To which, the lawyers told the court that no arrest has been made so far in connection with the case.

Nawaz’s Dubai arrival delayed

The schedule of Nawaz’s arrival in Dubai has been changed due to his important meeting in Saudi Arabia, where he arrived last week on his way return journey to Pakistan from London.

Nawaz Sharif was supposed to take a flight to Dubai at 10:30am (PST), sources told Geo News. However, the PML-N supremo will reach the UAE commercial capital today before leaving for Pakistan.

The former PM’s personal physician Dr Adnan will also arrive in Dubai today and he will return to Pakistan along with Nawaz.

Speaking to the media outside the IHC, PML-N leader Ataullah Tarar said Nawaz will land in Islamabad on October 21 and travel to Lahore after legal consultation.

He said the PML-N’s rally at Minar-e-Pakistan will be held as per the schedule.

Tarar said Nawaz was granted protective bail in line with the law and no “out of way” relief was granted to him.

Convictions and court orders

It is pertinent to note that an accountability court sentenced the three-time prime minister in Avenfield and Al-Azizia Steel Mills references in 2018.

The sentence was challenged in the high court which had suspended the accountability court’s sentence.

Appeal proceedings — for the petition challenging the sentences — were under proceedings when Nawaz travelled abroad for medical treatment and didn’t return to pursue the case.

The PML-N supremo — after he moved to Lahore High Court (LHC) instead of the IHC — was allowed to go abroad for four weeks after his brother and party president Shehbaz Sharif submitted an undertaking in the court assuring Nawaz’s return once his health improves.

The IHC — in the absence of the PML-N supremo — threw out the appeals on account of “non-prosecution” instead of adjourning the proceedings for an indefinite period.

The court, while declaring Nawaz as a proclaimed offender, noted that the appeals were rejected on technical grounds and not on the merits of the arguments.

The applicant can once again file an appeal against the sentence upon his return, the court added.