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Maryam and Safdar acquitted in Avenfield reference, disqualification lifted

The hearing was conducted by Justice Amir Farooq and Justice Mohsin Akhtar Kayani in IHC

Islamabad High Court annulled the convictions of Maryam Nawaz and Captain (R) Safdar in the Avenfield reference and acquitted them, along with the disqualification of Maryam Nawaz.

According to sources, a hearing was held in the Islamabad High Court on the appeals of Muslim League (N) Vice President Maryam Nawaz and Captain (R) Safdar against the sentence in the Avenfield reference. The hearing was conducted by Justice Amir Farooq and Justice Mohsin Akhtar Kayani. NAB prosecutor Usmanji Rashid Cheema did not appear in the court today, other NAB prosecutor Sardar Muzaffar Abbasi, Maryam Nawaz’s lawyer Amjad Parvez appeared.

The court had asked several questions to the NAB prosecutor, on which NAB prosecutor Sardar Muzaffar Abbasi started his arguments. Muzaffar Abbasi read the record of NAB in the case that Hasan and Hussain Nawaz filed a separate application in the Supreme Court, this application was given on January 26, 2017, the statement of Tariq Shafi was kept on the affidavit record, in that affidavit Gulf Steel The sale of was told, the Supreme Court raised the question of how the Gulf Steel Mill was built? Tariq Shafi had failed to show that he was a business partner.

Justice Amir Farooq said that the question starts from there that how is the charge being proved? Tell me the link of Nawaz Sharif, Maryam in the assets in excess of income, so far their link is not being proven anywhere, still read it.

The court said that how does Wajid Zia’s statement and all the material prove the case of the prosecution? The question is how do you prove a crime with all this material?

The NAB prosecutor said that Wajid Zia had seen all these records himself, on which Justice Amir Farooq said that what is Maryam Nawaz’s link with Nawaz Sharif in the case of assets? You have not shown any links yet, not out of honesty.

Sardar Muzaffar said that I will read it from the documents, on which the court said why waste time and come straight to him.

Justice Mohsin Akhtar Kayani said that the opinion of the investigating officer cannot be taken as evidence, the JIT has not stated any facts, only given the collected information.

Justice Amir Farooq said that tell how the accusation is being proved by all these things. NAB Prosecutor Muzaffar Abbasi said that Wajid Zia himself saw these documents and expressed his opinion on it, I will show from the documents that these properties were purchased in 1999.

Justice Amir Farooq inquired how much money was paid for the purchase of these properties? You show the documents related to this, don’t talk verbally, tomorrow all these things have to come in the judgment, how much did the offshore companies buy the apartment? In appeal, the task is simple to look at what is on record.

Justice Mohsin Akhtar Kayani asked NAB that what is Nawaz Sharif’s stand regarding this case? On which Muzaffar Abbasi said that Nawaz Sharif’s position was that he had nothing to do with this property.

The court said that when Nawaz Sharif stated that they are not related, then you have to prove the relationship from the record, you are contradicting yourself. In the previous hearing, the NAB prosecutor had said that Maryam had no role in buying the properties. They are saying that Maryam Nawaz’s role was clear at that time.

The court said that if there was no CMA file in the Supreme Court, then your case would have been nothing, everything is documented there, it is not difficult to bring records, on which Sardar Muzaffar Abbasi said that he has proved the ownership of the property. , the value is unimportant.

Justice Amir Farooq said that you are talking wrong, it is necessary to determine the value in the reference of assets in excess of income, the entire case of NAB was built on the answers of the Sharif family, if the Sharif family had not filed the answer in the Supreme Court. The case could not be made, on the previous hearing, another prosecutor took a different stand and that prosecutor had said that Maryam Nawaz had nothing to do with the purchase of the property and today you are saying that Maryam Nawaz was the beneficial owner since 1993.

NAB Prosecutor Sardar Muzaffar Abbasi said that it is our position that Nawaz Sharif hid these properties through Maryam, on which Justice Umar Farooq said that you should prove what you are saying with evidence, you should not go back and forth on what you have said. Prove it.

Muzaffar Abbasi said that this is a case of property made abroad, the documents of which should be the same, the same documents that were in the records were brought, and what else would they bring? On this, Justice Amir Farooq said that you could have made this case in a better way, Wajid Zia had found out that if there was a value of five hundred million, then the documents could have been brought.

Justice Mohsin Akhtar Kayani said that Wajid Zia has mentioned the statement submitted in the Supreme Court. The statement submitted in the Supreme Court is not the statement of CMA Nawaz Sharif. They have not been investigated, NAB should have investigated, which was not done.

The court asked NAB that you tell from the documents what they said in the CMA is wrong or right, where did you prove that all these properties belong to Nawaz Sharif, if Nawaz Sharif’s role is proved then only Maryam You will see the character, Sardar sir, the case is almost complete, now let me see the document which is hidden somewhere. Lawyer Maryam Nawaz Amjad Pervez said that he has a photocopy of the certified document.

Justice Mohsin Akhtar Kayani said that the witnesses and the accused recorded their statements, the investigating officer had to collect the evidence, if the grandfather is making a settlement for his grandson, then Nawaz Sharif did not come anywhere in it, the ownership of the flats company. But there is no dispute, Maryam Nawaz’s lawyer said that yes, there is absolutely no dispute.

Meanwhile, NAB prosecutor Sardar Muzaffar showed the registration document of Nelson and Nescole, on which Maryam Nawaz’s lawyer Amjad Parvez said that it is a copy of the certified certificate of incorporation. The court said that the lawyers of the accused had raised objections in the trial on many documents, it is to be seen whether the trial court rejected these objections with reasons in the decision.

Lawyer Maryam Nawaz said that it was written on the documents that they were showing that they came from someone’s “career-off”, on which the court asked whether the statement of those through whom these documents came was taken? On this, NAB said that there was no need for us, if the accused were to be interrogated, they would have brought them.

Justice Mohsin remarked that you are saying that the ownership of the four apartments is in the name of these companies and the beneficial owner is Maryam, where is Nawaz Sharif? They are nowhere? Even if his confession is accepted, his case is made since 2006. If you hire a lawyer from the District Court, he himself writes that in my information, the claim is not based on this document, the punishment is different. The thing is, in this way, your case is against Maryam Nawaz and not against the other accused.

Justice Amir Farooq said that he accepts that the CMA which he filed in the Supreme Court is wrong, you have a case on two documents, tell the evidence related to Nawaz Sharif, Maryam is not the primary charge, if the principal. If you can’t prove the case, it will be nothing, your documents now say that the owner was Maryam Nawaz, Maryam Nawaz was not a public office holder, so there is no asset case against her. Not of assets.

NAB Prosecutor Sardar Muzaffar Abbasi said that it is our case that Maryam Nawaz was a Benami property of Nawaz Sharif. Sardar Abbasi said, “My Lord, the documents that I have given you are proofs, aren’t they?”

The court said that Maryam, the beneficial owner or shareholder, came into it when? There is no document in this regard, is Maryam Nawaz the beneficial owner today? On this, Sardar Abbasi said that yes of course! Maryam Nawaz is still there today, the letter of the British Home Department is on record, according to the letter, Maryam Nawaz is the beneficial owner, Maryam Nawaz did not have her own sources of income, the documents of these companies have also been shown.

The court asked that even if that letter is accepted as true, what is the proof that he is still the beneficial owner? All these accused had nothing to say, NAB had to prove this case and NAB has failed to prove its case, it is easy to accuse but you have to prove it before the court.

Sardar Muzaffar Abbasi said that I had told earlier when Nelson and Nescol companies were formed, then told when these companies bought these properties, he denied that these properties are with them since 1993, the companies during this period Must buy properties, but they say that they came to them after the settlement from the Qatari family in 2006. Captain Safdar is not saying when the document was made, he is saying that it is signed by Maryam, how can you punish someone on this basis. can? If no one answers the inquiry, then you still have to prove the charge.

The court said that the relationship between Nawaz Sharif and Maryam Nawaz is not being proved in assets in excess of income, NAB failed to convince the court.

Later, the court reserved its decision after the arguments of the NAB prosecutor were completed. After some time, Justice Amir Farooq and Justice Mohsin Akhtar Kayani delivered the verdict, during which Maryam Nawaz was called to the rostrum.

In its decision, the court accepted the appeals of Maryam Nawaz and Captain (retd) Safdar after four years in the Avenfield reference and ordered their acquittal and annulled the 7-year sentence awarded to Maryam Nawaz. Along with this, the disqualification of Maryam Nawaz also ended.

After hearing the decision, Maryam Nawaz contacted her father Nawaz Sharif by telephone and congratulated him. On the verdict, the PML-N activists shouted slogans outside the court.

It should be remembered that the accountability court of Islamabad sentenced former prime minister Nawaz Sharif to 11 years in prison in July 2018 after several hearings in the Avenfield reference and imposed a fine of 8 million British pounds on him.

In this reference, the court sentenced Maryam Nawaz to seven years imprisonment and imposed a fine of 2 million British pounds. Similarly, Captain (retd) Safdar was sentenced to one year imprisonment, however, the court separated the case of Maryam Nawaz and Captain (r) Safdar from the case of Nawaz Sharif.

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