After the SC verdict

Author: Daily Times

The Pakistan Muslim League-N camp is rightly elated at a verdict by the five-member bench of the Supreme Court of Pakistan that has thrown out an appeal by the National Accountability Bureau (NAB) seeking the suspension of Islamabad High Court’s verdict that suspended jail terms to former prime minister Nawaz Sharif, his daughter Maryam Nawaz and son-in-law Captain (retired) Muhammad Safdar on September 19 last year. The front-line leadership of the party welcomed the decision in the Avenfield apartment reference case and hailed the bench, whereas party’s face Maryam Nawaz turned to twitter to express her gratitude on the decision. Her response was measured and calculated. She tweeted: “I am thankful to Allah Almighty for today’s decision. The fact is that not for a moment was I concerned about myself. Insha’Allah true relief & happiness would be when my father comes back home. I have faith in Allah and His infinite Mercy. Thank you all for your prayers & support”.

She is right that the decision does not set Nawaz Sharif free, who is incarcerated in Kot Lakhpat Jail in the Al-Azizia case. Many legal experts have opined that apex court decision will benefit Nawaz Sharif in his appeal against NAB court decision in the Al-Azizia reference because of the nature of the Joint Investigation Team report. The Islamabad High Court is set to hear the appeal on January 21.

In the Monday hearing, NAB’s special prosecutor failed to convince even a single judge on the bench to suspend bail. Chief Justice-designate Asif Saeed Khosa questioned NAB team’s approach to seek the suspension of interim relief to the Sharifs and Captain (retired) Safdar when their plea against conviction was pending before the Islamabad High Court. To get interim relief is the right of every litigant. NAB’s special prosecutor failed to answer when the honorable judge said that Sharifs did not violate bail as they have been appearing before the trial court regularly. In other words, there is a message, loud and clear, to the anti-corruption watchdog to pay attention to the appeal by the Sharifs against the verdict of NAB court of Judge Muhammad Bashir which sentenced Nawaz Sharif, Maryam Nawaz and her husband Muhammad Safdar in the Avenfield reference.  The jurist on the bench rebuked the NAB special prosecutor in strong words. There is a lesson here for NAB and the government to adhere to due process. Outgoing Chief Justice Mian Saqib Nisar has also reminded the government to improve laws on white-collar crime. So far the working style of NAB leaves much to be desired.

The verdict is a good beginning to ensure a fair trial for the Sharifs. The family, battling a litany of cases, has got some breathing space. It has yet to be seen if Maryam Nawaz, who has hardly made any political appearance since her release from the Adiala Jail on September 19 last, will break her silence or not. She may think about re-entering the political arena. It is not going to be an easy choice for her.  *

Published in Daily Times, January 16th 2019.

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