SC registrar returns ex-PM petition on references

ISLAMABAD – The office of Registrar Supreme Court on Friday returned former premier Nawaz Sharif’s petition to declare multiple references against him repugnant to section 9(a)(v) of the National Accountability Ordinance, 1999.

The registrar office said that Nawaz Sharif review petition on July 28 judgment in the Panama Leaks has already been dismissed in which these points were raised therefore the petition under Article 184(3) of the constitution on this issue could not be filed.

Accountability Court, Islamabad, on October 19 and 20 indicted former prime minister in three references – No.18/2017, 19/2017.

The ex-PM on October 13 filed the petition in the apex court through his counsel advocate Khawaja Haris and made federation through Secretary Ministry of Law and Justice, Chairman NAB, Accountability Court, Hassan Nawaz, Hussain Nawaz, Maryam Safdar and Capt (Retd) Muhammad Safdar as respondents.

The petitioner requested the court to declare July 28, 2017 judgment in the Panama case, wherein NAB was directed to file three references against the former PM, per incurium, for being repugnant to Article 4,9,10-A, 13 and 25 of the Constitution.

Kh Haris contented that Nawaz Sharif under section 9 (a)(v) of NAO, 1999 should be tried through a single reference irrespective of number of assets alleged to have been held by him on any such date that the reference is filed against him.

The apex court was asked to declare that the multiple trials on a single charge would prejudice ex-PM’s Fundamental Rights to be dealt with in accordance with law, fair trial and protection against double punishment, guaranteed under Articles 4, 10-A and 13 of the Constitution.

He requested the court to suspend Accountability Court proceedings in references against Nawaz Sharif till filing of a consolidated reference by NAB in respect of the alleged commission of offence under Section 9 (a)(v) of NAO, 1999.

The petition filed through Khawaja Haris states that the filing of multiple references against an accused for each asset allegedly owned, possessed or acquired by him, disproportionate to his known sources of income, is repugnant to section 9 (a)(v) of the NAO, 1999.

The separate trials of an accused for different properties or sets of properties alleged to be owned by him purportedly in terms of Section 9 (a)(v) of the NAO, 1999, is repugnant to Fundamental Rights, guaranteed under Articles 4 and 10-A of the Constitution.

The petitioner contended that the filing of multiple references against him for the same alleged offence exposes him to double punishment, which is repugnant to the Fundamental Right under Article 13 of the Constitution.

The filing of multiple references in a case allegedly involving acquisition of assets beyond means is unprecedented and, as such, is manifestly discriminatory and, therefore, violative of Nawaz Sharif Fundamental Rights, guaranteed under Article 25 of the Constitution.

The separate trials for a single offence are contrary to the principles of the criminal justice and the procedure provided under the Code of Criminal Procedure, 1898.

Kh Haris stated that the review petitions filed by his client before the apex court had not specifically taken the ground that three separate references cannot be filed against the ex-PM, as the contents of the references were not in the knowledge of him. He said as the copies of the references have been provided to the petitioner, it has become crystal clear that the composite allegations against the petitioner in all three references actually tantamount to allegation of commission of one offence therefore filing of the three separate references and three separate trials for allegation of commission of one offence will be in gross violation of section 9 (a)(v) of the NAO, 1999 and violative of Articles 4, 10-A and 25 of the Constitution.

Source: The Nation