Accountability court also suspends ex-PM arrest warrant in Toshakhana case till October 24
Former Prime Minister Nawaz Sharif (c) leaves a property in west London on May 11, 2022. — AFP
The Islamabad High Court (IHC) granted the former PM protective bail in Al-Azizia and Avenfield references shortly after an accountability court suspended his arrest warrant 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.
The Pakistan Muslim League-Nawaz supremo had approached the 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 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.
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.
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.