LAHORE: An accountability court has released the detailed verdict of acquittal of former prime minister Muhammad Nawaz Sharif in a plot allotment reference.
Accountability Court Judge Rao Abdul Jabbar issued the 20-page detailed verdict on 27 objection applications, filed by Yousaf Abbas and other relatives of Nawaz Sharif, against auction of assets, owned by the former prime minister, here on Thursday.
In its detailed verdict, the court held that it appears from the record that proper procedure, as envisaged under Section 87 and 88, had not been completed for declaring Muhammad Nawaz Sharif as a proclaimed offender, because the evidence of process server and another employee had not been recorded. As a result, “the whole proceedings become void ab-initio, having no legal sanctity being devoid of force,” it added.
The court observed that the proceedings under Section 87 and 93 (A) of Cr.P.C were always considered as a stopgap arrangement to compel the accused to appear before the court, adding that these proceedings were never considered to be a final judgement, and could be recalled, reviewed and set aside at any stage. The court held that the order for declaring Muhammad Nawaz Sharif as a proclaimed offender was alien to the law, hence, it was recalled in the interest of justice.
The court further held that the record reflected that Muhammad Nawaz Sharif had become a victim of political victimisation and the National Accountability Bureau (NAB) authorities were constrained to prepare the reference at the behest of the then ruling junta to damage and destroy political carrier and goodwill of Muhammad Nawaz Sharif, who had been elected as the prime minister thrice.
“Nawaz Sharif is entitled to the same relief, having a lesser role and on better legal footings as compared to acquitted co-accused (Mir Shakil-ur-Rahman and others),” it added.
The court acquitted Nawaz Sharif from the charges levelled by NAB in the reference, while allowing the prayer made for his acquittal under Section 265-K of Cr.PC.
The court ordered NAB and revenue authorities to release the properties of Nawaz Sharif and applicants (co-sharers). The court ordered to send a copy of the verdict to the NAB authorities for information and compliance. “The case property, if any, shall be kept intact till the expiry of the period of appeal or revision,” it added. The court also withdrew perpetual arrest warrants of Muhammad Nawaz Sharif as well, while disposing of the applications.
On June 24, through a short order, the court had acquitted Muhammad Nawaz Sharif of charges, levelled by the bureau in the reference.
In his final arguments, the petitioners’ counsel had argued that the court declared Nawaz Sharif as an absconder over non-appearance in the matter, and ordered to auction his properties. He submitted that the rights of his clients would also be affected if the properties of the former premier were auctioned. He submitted that Nawaz Sharif did not play any role in the matter whereas the court had acquitted all other accused.
It is pertinent to mention that the court had already acquitted Jang /Geo group Editor-in-Chief Mir Shakil-ur-Rahman and two other accused in the plot allotment case.
The National Accountability Bureau had alleged that Mir Shakil obtained illegal exemption of 54 plots of one-kanal each in Johar Town Lahore, with the connivance of Nawaz Sharif, the then chief minister of Punjab, in violation of the exemption policy in 1986. The bureau had also alleged that Humayun Faiz, and Mian Bashir Ahmed facilitated the illegal plot allotment process.