FAZAL SHER & TERENCE J SIGAMONY

ISLAMABAD: Former Prime Minister Nawaz Sharif and his daughter Maryam Nawaz’s physical presence in the court during the hearing of the corruption case before the Accountability Court is mandatory under Code of Criminal Procedure (CrPc), 1898.

The father and daughter had filed an application under Section 353 of Code of CrPc 1998 read with Section 540-A of CrPc and Section 17(C) of National Accountability Ordinance, 1999.

Judge of Accountability Court Muhammad Bashir dismissed the weeklong exemption request. The same court also rejected Sharif family’s exemption plea on March 22.

Legal experts told Business Recorder that under the provisions of the Code of Criminal Procedure (CrPC) the physical presence of the accused during hearings is a requirement.

Raja Amir Abbas, former Additional Prosecutor General, told Business Recorder; “Under CrPC every accused has to physically appear before the court.” He said as CrPc was applied in NAB cases therefore the judge’s order was appropriate.

He further said if former prime minister and his daughter did not appear then the court could issue arrest warrants, and if that order was not complied with, then the court could declare them proclaimed offenders, as it had declared Ishaq Dar, Hussain and Hasssan Nawaz.

Dr Abdul Basit, senior lawyer, confirmed the law but added that “the judge using his discretion should have granted exemption to Sharif and his daughter from appearance given that Kulsoom Nawaz was admitted to hospital for cancer treatment. He said that in November last year the Accountability Court in this same case granted them exemption and the two had returned to the country after visiting the ailing Kulsoom Nawaz.

Dr Basit further added that exemption could be provided until the last day of the proceeding. He further maintained that Nawaz Sharif and his daughter Maryam Nawaz had been appearing before the Accountability Court along with their lawyers so instead of halting the trial the judge could continue with the proceeding in their absence and, if found guilty, then they could be sent to jail.

According to the medical report submitted by the Sharif’s counsel in the court, Kulsoom Nawaz was admitted to hospital since last Monday for symptom control. She is extremely fatigued from a combination of her radiotherapy and her poor appetite and poor oral intake and requires intravenous fluids to hydrate her. She is nauseous, has been vomiting and has subcutaneous syringe driver sited to provide symptomatic relief. She will need to stay in hospital for the duration of her radiotherapy and until her symptoms are better controlled, it says.