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Nawaz granted bail in graft cases; arrest warrant suspended in Toshakhana case

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  • Nawaz will land in Islamabad on October 21, says Ataullah Tarar.
  • The former PM will reach Dubai before travelling to Pakistan. 
  • PML-N supremo will address rally at Minar-e-Pakistan, Lahore.

ISLAMABAD: All the legal hurdles were removed on Thursday in the smooth return of former prime minister Nawaz Sharif after he was granted protective bail in two graft cases while his arrest warrant in the Toshakhana case was suspended by an accountability court.

The Pakistan Muslim League-Nawaz (PML-N) supremo had approached the Islamabad High Court (IHC) for bail in Al-Azizia and Avenfield references which approved the pleas, granting bail till October 24.

The IHC announced the verdict, restraining the authorities from arresting Nawaz Sharif on his return to the country on Saturday (October 21).

The high court said the National Accountability Bureau (NAB) did not raise any objections to the protective bail sought by the PML-N supremo in corruption cases.

Earlier, an accountability court suspended the arrest warrant issued against him in the Toshakhana case.

A two-member IHC bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the Nawaz’s bail petitions.

Reacting to the verdict, PML-N President and former prime minister Shehbaz Sharif welcomed the IHC decision, saying his elder brother was disqualified based on a “fictitious and fabricated story”,

“The elected Prime Minister, Nawaz Sharif, was disqualified based on a fictitious and fabricated story. He was implicated in absurd cases and subjected to mistreatment,” he wrote on X.  

“Any fair hearing would have established his innocence. Bail is a fundamental right, and we welcome the IHC decision in this regard, hoping that justice will prevail, InshaAllah,” the PML-N chief added.

A day earlier, the IHC issued a notice to NAB on Nawaz’s petitions seeking protective bail in corruption references.

The NAB Rawalpindi Bureau had nominated Rafay Maqsood to appear before the IHC bench as a prosecutor.

The three-time former prime minister was declared a proclaimed offender by the IHC in the Avenfield and Al-Azizia cases over non-compliance after he went to London for medical treatment with the court’s permission in November 2019.

In Avenfield and Al-Azizia references, Nawaz was sentenced to 10 and seven years in prison, respectively, by an accountability court in 2018.

His appeals against the convictions were dismissed by the IHC bench comprising Justice Aamer Farooq and Mohsin Akhtar Kayani for non-compliance.

Nawaz’s sentence in Al-Azizia reference was suspended in 2019 by the Lahore High Court (LHC) on medical grounds and he was permitted to fly to London to seek treatment, after which he did not return.

Nawaz’s travel plan: Dubai-Islamabad-Lahore

Azam Nazeer Tarar, the head of Nawaz’s legal team, said no change has been made in the party supremo’s return schedule. He said Nawaz would land at Islamabad airport in a charted plane from Dubai on October 21 and would leave for Lahore after a brief stay.

“Nawaz Sharif’s return plan is the same as submitted in Islamabad High Court,” he added. Tarar said Nawaz will leave for Lahore after fulfilling legal formalities and attending a consultative meeting in the federal capital.

“Nawaz Sharif will address the rally at Minar-e-Pakistan as per the schedule,” he added.

PML-N senior leader and former finance minister Ishaq Dar also confirmed that the party supremo Nawaz will land in the federal capital in the afternoon of Saturday.

“Mian Nawaz Sharif will reach Islamabad in the afternoon of Saturday 21st October 2023 and will later leave for Lahore to address the Jalsa at Minar-e-Pakistan, In Sha Allah,” he wrote on X.

Warrant suspended in Toshakhana case

Before the IHC hearing, an accountability court suspended Nawaz’s arrest warrant in the Toshakhana case after the NAB prosecutor raised no objections. 

The decision was announced shortly after the verdict was reserved on Nawaz’s plea.

Accountability court Judge Muhammad Bashir accepted the former PM’s plea and said that the arrest warrant would be restored if the accused did not appear before the court on October 24.

At the outset of the hearing today, Nawaz’s counsel Qazi Misbah implored Judge Bashir to suspend the arrest of his client in the case as he was returning to the country and wanted to appear before the court.

Nawaz, the three-time former premier, is set to return to the country on Saturday ending four-year self-imposed exile in London.

During the hearing, Nawaz’s counsel informed the judge that the former PM wanted to appear before the court on the next case hearing fixed for October 24.

Responding to the judge’s query as to why Nawaz did not appear in court, lawyer Misbah said his client was unwell and added that his medical report had been submitted along with the petition.

Meanwhile, the NAB prosecutor didn’t oppose the plea, asking the court to suspend the warrant if the accused wanted to surrender.

The prosecutor said the objective of an arrest warrant is to ensure compliance with the law.

Judge Bashir also inquired about the status of other accused including former president Asif Ali Zardari. To which, the lawyers told the court that no arrest has been made so far in connection with the case.

Nawaz’s Dubai arrival delayed

The schedule of Nawaz’s arrival in Dubai has been changed due to an important meeting in Saudi Arabia, where he arrived last week on his way return journey to Pakistan from London.

Nawaz Sharif was supposed to take a flight to Dubai at 10:30am (PST) today, sources told Geo News. However, the PML-N supremo will now reach the Gulf state later in the evening.

Convictions and court orders

It is pertinent to note that an accountability court sentenced the three-time prime minister in Avenfield and Al-Azizia Steel Mills references in 2018.

The sentence was challenged in the high court which had suspended the accountability court’s sentence.

Appeal proceedings — for the petition challenging the sentences — were under proceedings when Nawaz travelled abroad for medical treatment and didn’t return to pursue the case.

The PML-N supremo — after he moved to Lahore High Court (LHC) instead of the IHC — was allowed to go abroad for four weeks after his brother and party president Shehbaz Sharif submitted an undertaking in the court assuring Nawaz’s return once his health improves.

The IHC — in the absence of the PML-N supremo — threw out the appeals on account of “non-prosecution” instead of adjourning the proceedings for an indefinite period.

The court, while declaring Nawaz as a proclaimed offender, noted that the appeals were rejected on technical grounds and not on the merits of the arguments.

The applicant can once again file an appeal against the sentence upon his return, the court added.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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