Islamabad High Court Grants Time To NAB For More Arguments In Maryam's Appeals
Faizan Hashmi Published November 17, 2021 | 07:09 PM
The Islamabad High Court (IHC) on Wednesday granted more time to National Accountability Bureau (NAB) for arguments in appeals challenging the conviction of Pakistan Muslim League Nawaz (PML-N)'s Vice President Maryam Nawaz and her husband in Avenfield property reference
ISLAMABAD, (UrduPoint / Pakistan Point News - 17th Nov, 2021 ) :The Islamabad High Court (IHC) on Wednesday granted more time to National Accountability Bureau (NAB) for arguments in appeals challenging the conviction of Pakistan Muslim League Nawaz (PML-N)'s Vice President Maryam Nawaz and her husband in Avenfield property reference.
A division bench comprising Justice Aamer Farooq and Justice Mohsin Akhter Kiyani heard the appeals. Maryam Nawaz, Capt (reted) Muhammad Safdar and their counsel Irfan Qadir appeared before the bench.
At the outset of hearing, Irfan Qadir continued his arguments and said the reference was filed against his client without evidence on the directives of chairman NAB. There was no document which was made as base of the case, he said.
He requested the bench to make some corrections in court's written order regarding the last hearing. The court said it would delete the points which the lawyer wanted, adding that the petitioners had not concluded debate.
Justice Aamer Farooq said the petitioners had to give cross arguments after the NAB's arguments.
Giving arguments on court's instructions, NAB Prosecutor Usman Rashid argued that the three accused were sentenced on same charge.
He said prosecution's case was that former prime minister Nawaz Sharif was owner of Avenfield apartments which were purchased through the offshore companies Nelson and Nescol. Maryam Nawaz was the beneficial owner of this property and she assisted her father to hide it through a fake trust deed while her husband signed it as a witness.
It was in public knowledge that the trust deed was fake, he said.
Justice Aamer Farooq asked if a father wanted to gift something to his daughter then whether he would do after asking her. He remarked the ownership of the property was hidden under Offshore companies and the prosecution has to prove the ownership of accused with evidence instead of hear say.
The NAB prosecutor argued that the accused had not told the source to purchase these flats to this Justice Kayani asked then how the case was made against the daughter if a purchaser didn't tell the source.
He further said Nawaz Sharif, Maryam Nawaz and Capt. (reted) Safdar jointly establish offshore companies to hide the facts. The court remarked that the observation of the top court was separate thing from the trial.
The prosecutor said ICFJ had disclosed 11 thousands papers of panama after gathering information.
The court asked if the beneficial owner of the flats was Maryam Nawaz then what was the crime of Nawaz Sharif.
The NAB prosecutor said that the basic question was related to source of investment to this the court said the main accused was responsible to clarify it if he didn't then whether it was the responsibility of Maryam Nawaz to tell it.
In response to a letter, Mossack Fonesca clarified that Maryam Nawaz was the beneficial owner of these offshore companies. These companies were surfaced after panama leaks, he said. The court asked whether the letter was accepted as ownership evidence.
The prosecutor read out the statement of JIT head Wajid Zia before the bench. He said Maryam Nawaz denied the ownership of the property but admitted as trustee. Justice Kayani noted the prosecution had written in charge sheet that she was a beneficial owner. The court said the NAB had to prove the charges with evidence and statement under section 342.
NAB Prosecutor Sardar Muzafar Abbasi said the prosecution had proved the ownership of Maryam Nawaz. He said the NAB had also presented her miscellaneous application submitted to the top court as evidence and further the bureau also got information through MLA.
The court said first the prosecution should render its responsibility then the accused would be asked. NAB said the source of flats' purchase was asked from the accused but it was never been told to this the court said first the prosecution has to prove the accused as owner then ask for the source.
The court asked whether the NAB declared Maryam Nawaz as owner of the flats by depending on a letter. Justice Farooq remarked that one couldn't be given sentence after conviction on basis of public impression.
The prosecution had to show the evidence of ownership which it produced before the trial court. To a query, the lawyer said Maryam Nawaz was seven year old in 1980 to this the NAB prosecutor said the matter is of 1993.
The court inquired whether these offshore companies were registered. The NAB prosecutor answered in 'yes' and said documents of proof were also available.
The court asked that how the prosecution would prove that anyone from Sharif family was beneficial owner of apartments.
The NAB prosecutor said he was noting the questions of this court and would give arguments on them on next hearing. After this, the case was adjourned till November 24.
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