Trial deadline extended to June 9

TERENCE J SIGAMONY

ISLAMABAD: The Supreme Court on Wednesday extended deadline till June 9 for the conclusion of trial in three graft references filed against former Prime Minister Nawaz Sharif and his family.

A two-member Supreme Court bench comprising Justice Sheikh Azmat Saeed and Justice Ijazul Ahsan, after hearing the arguments of NAB’s Additional Prosecutor Akbar Tarar, Khawaja Haris Ahmad, senior counsel for Nawaz Sharif, and Amjad Pervez, counsel for Maryam Nawaz and Capt Safdar (retd), ruled; “We are hopeful that the trial will conclude by June 9. We are confident that both sides namely the prosecution and the defense will cooperate.”

This is the second time the Supreme Court had granted extension to the accountability court. On March 7, the Supreme Court had granted two months additional lease of life to the accountability court for concluding the corruption references – a deadline which expires on upcoming May 12. Earlier the Supreme Court in its judgment of July 28, 2017 had ordered the accountability court to conclude the trials against the Sharif family within a period of six months. That deadline had elapsed on March 7.

“Why trial has not yet been concluded?” Justice Ijazul Ahsan, who is the monitoring judge of the corruption cases, asked. The National Accountability Bureau’s (NAB) prosecutor stated that trial in one reference had almost completed. Justice Ijazul Ahsan noted that trial of graft reference against former Finance Minister Ishaq Dar was also pending.

To a query by Justice Ijaz if arguments had been completed in the Avenfield reference and whether it could separately be decided, the prosecutor stated that the testimonies of 18 witnesses had been recorded in the Avenfield reference. He said statements under Section 342 had yet to be recorded in the Avenfield reference.

Justice Azmat inquired from Khawaja Haris when the trial will complete. Khawaja Haris then stated that he did not come to the court for taking extension in the period set to conclude the trial; however, three months more time would probably be appropriate to conclude the trial.

He stated that his request to club all the three references into one or at least two and their simultaneous trial was turned down by the accountability as well as superior courts. He said cross-examination also takes time, thus a three-month more time to conclude the trial is appropriate.

“We cannot allow such a long time,” said Justice Azmat Saeed. Upon that Haris stated: “Then our reservations should also be recorded.” He said the month of holy Ramazan is ahead and during that month trial court would not be able to work for long time.

While extending the deadline till June 9, Justice Sheikh Azmat Saeed observed: “We are not going anywhere and the counsel can come to us if trial doesn’t conclude by then.” He also observed that miscarriage of justice will not be allowed to take place, adding the rights of the accused will be safeguarded at all costs.

During the hearing, Amjad Pervez stated that a transparent trial demands that both the sides should be given equal time to present their case. He contended that the prosecution spent eight months on 18 witnesses, whereas he was not allowed equivalent time. “Rights of the accused will be safeguarded at all costs,” assured Justice Ijazul Ahsan.

The accountability court-1 Islamabad judge Muhammad Bashir had sought another extension to conclude the trial of three graft references filed against former Premier Nawaz Sharif and his family members, as the deadline given to it by the apex court will be expiring on May 12.

It may be recalled that during the hearing of the Avenfield reference on Tuesday last, Accountability Court Judge Muhammad Bashir had stated that he sent a formal request to the Supreme Court for extending the deadline to conclude the trial, as proceedings in all the three graft references are yet to be concluded.

He, through a letter, had requested the apex court in March this year to extend deadline set to conclude the trial in the NAB references.

The Supreme Court in its July 28, 2017 verdict in the Panama Papers case had disqualified former premier Nawaz Sharif and directed NAB to file three graft references against him and his family members and asked the accountability court to wrap up the trial within six months.