Dear reader, online ads enable us to deliver the journalism you value. Please support us by taking a moment to
LHC gives NAB 'final chance' to submit response in petition against Sharifs' conviction
A Lahore High Court (LHC) full bench on Monday directed the National Accountability Bureau (NAB) to file its response by Wednesday [August 29] in a petition seeking the revocation of the punishment handed to the Sharif family members in the Avenfield properties corruption reference.
On July 6, an accountability court had awarded a 10-year prison sentence to former Prime Minister Nawaz Sharif for owning assets beyond known sources of income. His daughter Maryam Nawaz and son-in-law retired Captain Safdar were also handed seven and one-year sentences, respectively.
The three-judge bench headed by Justice Shahid Waheed also announced that the court would hear the petition on a day-to-day basis. Justices Atir Mehmood and Shahid Jameel Khan were the other members of the bench.
Noting the absence of NAB's counsel in the court for the hearing, the bench ordered the bureau's prosecutor to appear before it at the next hearing and submit a reply on behalf of NAB.
"NAB is being given the final chance to submit its reply," the bench cautioned.
Before adjourning the hearing till August 29, the court rejected three separate applications filed by lawyers seeking to become party to the case.
Senior lawyer A.K. Dogar had filed the petition assailing the conviction of the Sharifs, besides challenging the existence of the National Accountability Ordinance (NAO) 1999.
The lawyer pleaded that ousted premier Sharif and others had been convicted by a court which had no jurisdiction because the law under which it (court) had been created was a dead law.
He urged the LHC to suspend the operation of the accountability court’s judgement for being issued by a court that had been established under a non-existent law.
Challenging the validity of the NAO, Dogar argued that it had been promulgated by military dictator retired Gen Pervez Musharraf under Provisional Constitution Order (PCO) No 1 of 1999 as well as Order No 9 of 1999.
He said that order No 9 was promulgated only to amend PCO No 1 of 1999 by inserting Section 5A (1) into it to the effect that limitation of 120 days prescribed under Article 89 of the Constitution to any ordinance by the president would not be applicable to the laws made under PCO No 1 of 1999.
However, he said that under Article 270-AA of the Constitution through the 18th Amendment, the PCO No 1 of 1999 was declared without lawful authority and of no legal effect. He argued that once the PCO No 1 was declared without lawful authority and of no legal effect, the amendments made to it under order No 9 of 1999 would also stand lapsed and, therefore, the limitation period of 120 days prescribed under Article 89 would be applicable to the NAO.
Advocate Dogar asked the court to declare that after the 18th Amendment and insertion of Article 270-AA into the Constitution, the NAO had ceased to be the law and became non-existent and a dead letter.
He stated that thousands of people had been suffering from the agony of proceedings under a law which was constitutionally non-existent. Therefore, he argued, all these proceedings should also be declared unlawful.
Comments (25) Closed
Get the lawsuit out of Lahore because the fix is in. It will be a Supreme Court case in the end. Meanwhile keep the Sharifs in jail.
Ex PM was dismissed, debarred for elections and jailed to select the next PM. In any law it was to happen.
@Observer-India: Typical right-wing Indian ruse.
In countries like us the law of MbS of Saudi Arabia to apply to recover the corrupt money from corrupt rulers and officials.
Superb journalism, even the request to become party in the case is rejected by the court, the detail of Mr Doger application is published , bravo
No finger pointing there Nawaz. The fingers are pointed at you.
What would have happened to an arrogant family of landlords in Russia in 1920? Nawaz is lucky to live in the PML-N democracy he invented.
ask your boss to present money trail & go home .... lame excuses won't work this time
Please just announce a NRO has taken place because everyone already knows. We are wasting tax payers money. We need to save every penny and invest in national resources.
@Ali R.Q. Have you read the article?
@Observer-India please concentrate on Modis' India
"He stated that thousands of people had been suffering from the agony of proceedings under a law which was constitutionally non-existent. "
If it is a non existent law then where were Sharif's sleeping during the sufferings of those "thousands of people"?
NS mustn't be allowed to go free. It will doom us all. The corrupt will rise to power once more and our belief of no more NROs will be shattered.
They should be free.
@M Rafique This news is accurate and cover all the corner of news and cover all the court proceedings
NAB is now not showing up...not needed as the purpose of NAB has been achieved - PML-N is out and PTI is in. well mark my words when the dust settles on PTI (and it has to one day) Maryam Nawaz will the next PM....all your elites know that and will not stand against the Sharifs in this case.
The case is being heard in Islamabad so why again in Lahore merge all appeals togather. Eventually SC has to make its decision in this case. No Nro please...
Dont hide behind... law techniqulaties give money trails. Even more money trails are required in new cases..more convictions coming...
If you want to punish someone, punish them in a way that no one can defend.. the manner in which NS and especially MN was convicted, it was a mockery of justice... it is sad that we the people who are actually democracy keep on following non democratic forces:( it is true that NS was failed to provide money trail but it is true equally that NAB was not able to prove that flats were owned by him:( justice should be served
What a mess!!! LHC must be very careful - this case was heard by the accountability court at the surpreme courts say so with a SC judge overseeing proceedings.. LHC cannot overturn such proceedings...
CJ should take note
Height of incompetency on part of NAB and media trial of NS is making this dubious without any reason
@Harmony-1© : Truth is bitter but must be spoken and discussed in the interest of democracy and rule of the law.
@S M Ayyaz : I have followed the Ex PM case in entirety and is having exactly the same view. I will further add that Mr NS family is a rich industrialist family since partition. The value of the London flats in year 1993 was likely financed by Mr NS father’s steel mill sale. Further, charges of corruption or money laundering if any, has to proved by proper evidences. Punishment without proof creates suspicion on verdict.
NAB seemingly fail on purpose. Imran khan should immediately change NAB leadership and get rid of the old guard that has always let politicians and influential people walk free
Is this will result for a path out of Jail for the Sharifs