Mian Muhammad Nawaz Sharif acquitted in plot allotment case
LAHORE, July 6 (SABAH): An accountability court in Lahore on Thursday while issuing the detailed verdict has acquitted Pakistan Muslim League-Nawaz (PML-N) Quaid and former prime minister Mian Muhammad Nawaz Sharif in a reference pertaining to the alleged illegal allotment of plots case. The court said that records show that Pakistan Muslim League-Nawaz (PML-N) supremo had become the victim of political victimization.
The court on Thursday issued detailed judgment of the reference which was announced on June 24 about alleged illegal allotment of plots in 1986 to the owner of a media house Mir Shakilur Rehman.
Accountability Court Judge Rao Abdul Jabbar issued the order on applications filed by Yousaf Abbas, a nephew of Nawaz Sharif, and others challenging the auction of the properties supposedly owned by the former premier. They claimed ownership of the assets ordered to be auctioned by the court after the former premier was declared a proclaimed offender for his constant absence in the trial proceedings.
The detailed verdict issued by Judge Jabbar on Thursday said that the proper procedure for declaring an individual a proclaimed offender had not been followed. The order said that under Section 87 of the Code of Criminal Procedure, one could only be declared a proclaimed offender if the court was satisfied after recording the evidence of the process server — who executed the warrants at the accused’s address and fulfils all other formalities.
“In this case, the record is silent regarding who issued the warrants, publications or documents containing the material to inform the accused to appear before the court of law. This is a mandatory condition, otherwise, the entire proceedings become void and illegal.”
The order also referred to an earlier judgement and said that precedent showed there were conditions for the issuance of a proclamation, specifically that proceedings should have begun when the accused had not left the country and that he was in hiding to avoid facing the law.
“If the accused had already left the country before any notice, summon, warrant or proceedings were issued to appear before the court of law, then the entire proceedings become illegal and void ab-initio.”
The judge said that the court’s decision to declare Nawaz a proclaimed offender in the case was “not in line with the parameters settled and followed by the apex court”.
The order said that Nawaz was also entitled to the same relief as the principled accused, Rehman, in the case, “having a lesser role and on a better legal footing as compared to the acquitted co-accused”.
“The record reflects that the accused Mian Muhammad Nawaz Sharif had become the victim of political victimisation, and perhaps the NAB authorities were constrained to prepare the reference at the behest of the then-ruling junta to damage and destroy the political carrier [sic] and goodwill of the accused who had been three times elected prime minister of Pakistan.”
The judge observed that the former government forced the NAB to destroy the future of Nawaz Sharif. He ordered that Nawaz Sharif should get the relief given to the main accused.
In the verdict, it was further said that legal action against the former prime minister was not in accordance with the law. As per records, Nawaz Sharif was subjugated to political victimization and the court orders to acquit him who remained prime minister of the country for three times. The former government misused National Accountability Bureau (NAB) to ruin the further of ex-premier.
The PML-N supremo had been declared a proclaimed offender in the case for his constant non-appearance before the court. In the detail verdict, amicus curiae said that in the light of the decision of the Supreme Court, the same relief should be given to Mian Muhammad Nawaz Sharif as those of central accused.
The court directed NAB and revenue authorities to unfreeze the properties of Nawaz Sharif and that the copy of this verdict to be sent to NAB and others.
According to amicus curiae, a proper procedure was not adopted in this case. Shareholders of Nawaz Sharif’s properties filed objections against freezing the properties.
The court in its order said that the NAB and Revenue Authorities are directed to release the properties of the accused, Mian Muhammad Nawaz Sharif and the applicants/co-sharers. The copy of the judgment is directed to be sent to the Chairman NAB, the Prosecutor General Accountability Islamabad, the Deputy Prosecutor General Accountability Lahore and the Director General, NAB Lahore for information and compliance.
The verdict says that the case property, if any, shall be kept intact till the expiry of the period of appeal or revision if any. The court in its order said that before parting with the order, it is observed that the perpetual warrant for the arrest of Mian Muhammad Nawaz Sharif is also hereby ordered to be withdrawn.
It may be noted that a trial court had acquitted a media house owner Mir Shakilur Rehman, former LDA director general Humayon Faiz Rasool and its former director of land development department Mian Bashir Ahmad on Jan 31, 2022.
The NAB had alleged that the media owner illegally obtained exemption of 54 plots, each measuring one kanal, situated in Johar Town’s Block-H. It said the land had been allotted in connivance with then chief minister Nawaz Sharif against the exemption policy and the laws for monetary gains. It alleged the accused caused a loss of Rs143.53 million to the national exchequer through the allotment in violation of exemption policy.
Acquitting the principal accused, the court in its decision observed that the media owner got plots in 1986 and the LDA, as per the prosecution, pronounced a policy of requiring payment of excess plots at the market price in 1990. The court ruled that the policy had no retrospective effect and was applicable for future cases.
The court concluded that no loss was caused to the LDA from any act of the accused or his co-accused persons as the prosecution admitted that the reserved price was paid in time.