Daily Times

On 28 July 2017, the Apex court announced its collective decision and disqualified the Nawaz Sharif. After his disqualification, he paves his way to the airport to travel for a medical treatment in the United Kingdom on November 19, 2019. Until then, he didn’t surrender himself. And now he has been declared as a proclaimed offender by the Accountability court of Law under section 87 of Crpc Criminal Procedure Code 1898 (Proclamation for person absconding) which states that, “if any court satisfied after taking evidence that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such cannot be executed, such court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation”.

The counsel for the ex-pm submitted his fresh medical report before Islamabad High Court IHC along with an application seeking an extension in his bail. Meanwhile, when the proceedings of the court were resumed, then the investigation officer recorded the statements related to the execution of proclamation for Former Pm Nawaz Sharif which clearly shows that he is absconding and concealing himself from the process of law.

Afterwards, the court’s order stated hence this case is hereby, separated and is declared as a “proclaimed offender”. In addition to this, the court also directed to the investigation officer to submit the report pertaining to the list of movable and immovable properties of the Ex-Pm within 10 days, while dismissing his application seeking exemption from personal appearance. It can be easily said that, to declare him a proclaimed offer is the first step to initiating a process against him. While justice Mohsin Akhtar recounted: “The accused person will laugh at our system”. Moreover, extradition is an act where one jurisdiction delivers a person accused of committing a crime in another jurisdiction. Besides this state of affairs, it involves a physical transfer of a custody of the person accused being extradited to the legal authority of the requested jurisdiction. Usually, it is regulated by the treaties, wherever it is compelled by laws and policies, the concept maybe known as rendition. Likewise, the United Kingdom has also agreed to sign extradition treaty with Pakistan only on the condition that the latter with would withdraw the death penalty in those cases in which it would have extradited the accused. Somehow, they have just agreed to sign it but didn’t officially signed it. Despite that fact, the fundamental human rights is yet also an important reason for denying someone’s extradition requests.

Into the bargin, the National Accountability Bureau (NAB) can write a letter to the British government through the foreign office for the extradition of the Ex-premier. Extradition is governed by the Extradition Act, 1972. Whilst the MLA which means Mutual Legal Assistance and the recovery of proceeds in corruption cases are governed by the National Accountability Bureau Ordinance article 18 of 1999. The extradition act applies to a concluded treaty only when the Federal Government so nominates in the official gazette. Well, it also depends upon a diplomatic relation between the both states. What Nationality Accountability Bureau (NAB) can do to follow an administrative process with the UK government. Secondly, if they succeeded in their raison d’ être then UK authority will hand him over to NAB after arresting him. Furthermore, the Articles 21 of the NAB ordinance 1999, defines the “international cooperation”.

The chairman NAB or any officer authorised by the federal government may request a foreign state to do the acts in accordance with the law of such state, like to obtain and execute search warrants relevant to investigation, to confiscate article and forfeit assets, transfer to Pakistan any such evidence or documents and proceedings realised from the disposal from such assets and also transfer in custody to Pakistan a person detained in a foreign state who consents to assist Pakistan in relevant investigation or proceedings. By the same token, NAB is a de facto authoritative body in corruption cases, if an extradition involves in a corruption offences, the NAB may also be asked to verify certain facts. Somehow, if NAB gets successful for their course of action, then it’s decision can be binding on the UK Enforcement Agency.

However, by the process of an Interpol police, he can be repatriated too. According to the article 87 of the Interpol’s rules on the processing data, If a person who is subject of a red notice is located, the country where the person has been located take all other measures permitted under national law and applicable international treaties, such as provisionally arresting the wanted person or monitoring or restricting his/her movement. Through this, the Interpol police will issue a Red Notice. It’s basically a request to the law enforcement agency word wide to arrest a person pending, extradition, surrender or legal action. Its purpose is to seek the location of a wanted person his/her detention, arrest for the purpose of surrender or similar lawful action.

A red notice is an internationally wanted person notice, but it is not an arrest warrant. The member country must comply with Interpol’s policies and rules. But the all evidences and proof must be presented to this relevant authority for initiating this process. So it’s obviously clear that Nawaz can’t be undone his indictments which he has committed and even cannot be reprieved from his doings. But now, the government is trying to use all the lawful means to bring back the Former Prime Minister. Even Prime Minister Imran Khan added, The PTI led federal government will take all legal measures to repatriate Nawaz Sharif. In easy words, if nawaz sharif is really considered himself as an innocent person then he should show some courage and come back to Pakistan and face the cases which are pending against him before a court of law. Why is he desisting to confronting the legal challenges?

The writer Muhammad Zaman Butt is a student of an LLM program. He can be reached at muhammadzamanbutt666@
gmail.com