RECORDER REPORT

ISLAMABAD: The Supreme Court Tuesday dismissed National Accountability Bureau’s (NAB’s) application to set aside Islamabad High Court order to transfer the Al-Azizia Steel Mills and Flagship Investment references to Accountability Court-II.

The NAB special prosecutor informed the court that they have withdrawn the application. The court then dismissed it as per withdrawn.

The NAB in its application took the stance that there is no need to transfer the two references to Judge Muhammad Bashir as the trial has almost been completed in the court of Judge Arshad Malik.

A three-judge bench, headed by Chief Justice Mian Saqib Nisar, will conduct the hearing. The NAB filed the appeal under the Article 185(3) of the Constitution and made ex-PM Nawaz Sharif and Accountability Court No.1 Judge Muhammad Bashir, as respondents.

A two-member bench of the IHC, comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb on August 7 ordered for the transfer of the cases from Accountability Court-I Judge Mohammad Bashir to Accountability Court-II Judge Arshad Malik for hearing of two references on Al-Azizia Steel Mills and Flagship Investment.

Judge Muhammad Bashir on July 06 delivered a judgment in the Avenfield Apartments case. The Accountability Court-I had sentenced former Prime Minister Nawaz Sharif for 11 years imprisonment and £8 million fine (Rs 1.3 billion) in the corruption reference, while his daughter Maryam Safdar was sentenced to eight years with a £2 million fine (Rs 335 million) and son-in-law Captain Muhammad Safdar (retd) was given a one-year sentence without any fine.

The appeal said that after the NAB court judgment, the accused filed a petition in the Islamabad High Court for transfer of references to any other accountability court in Islamabad. “None of the reasons spelled out in the impugned short order are germane to the case law on the subject of the transfer of cases. In fact they are not akin to the grounds and causes for such action.”

The NAB submitted that the reference on the Avenfield Apartment was filed before the Accountability Court No. 1 in compliance with the apex court direction based on the recommendations of the joint investigation team.

The commonality of grounds has never been visualized by the superior court for the transfer of cases. Similarly, the perceived notion and condition of mind attributed to accountability judge were also not visualized by the law relating to transfer of cases from one court to another.

The appeal said that the IHC fell into grave error by resorting to hear the case on merit and consequently transferring the same on the basis of deeper appreciation of merit. “No actual and specific bias or prejudice was highlighted during the course of arguments, on the face of the record.”

The Islamabad High Court disregarded the clear-cut direction of the apex court, from time to time, for the just disposal of the references which were transferred through the impugned order.

The plea contended whether the judges of the IHC correctly construed the contents of the letter written by Accountability Court-I Judge Muhammad Bashir and whether the AC judge really sought recusal or was the same subject to the decision of the IHC.