The former prime minister is seeking IHC's directions for the Accountability Court to announce one verdict in three corruption references as decided by it earlier on November 8, 2017.
NAB Deputy Prosecutor General (DPG) Sardar Muzafar contended that the defense counsel has started final arguments in the Avenfield Apartments references since June 19; therefore, this petition has become infructuous.
He argued that the accused after recording the statements under Section 342 of CrPC have not produced witnesses. The Accountability Court in its 8th November, 2017 order stated that in case the accused produce witnesses then their will be one judgement in references, the DPG said.
Justice Amir Farooq remarked that the petitioner's stance is that the Accountability Court (AC) is going against its own verdict. Sardar Muzafar contended that the accused did not produce anything in defense. The AC order-sheet says as the accused have not produced witnesses; therefore, the situation is altogether different.
He said the petitioner has not urged this court (IHC) that AC should deliver one judgment in all three references against the Sharif family. They only prayed that the final arguments on Avenfield Apartments be deferred, he further said.
Advocate Amjad Pervez argued that they have given application to adjourn the five questions out of 128 questions put by the AC. He said, however, the AC has dismissed their pray of deferring the five questions.
The Accountability Court on June 5, 2018 rejected Nawaz Sharif's application to postpone final arguments in the Avenfield Apartments corruption reference as the counsel intended to first complete statement and cross-examination of Wajid Zia in all the three references, including the Al-Azizia and Flagship reference.
However, the AC had permitted the prosecution to forward final arguments in the Avenfield apartments corruption references by putting continued cross-examination in Al-Azizia on halt.
Rejecting Nawaz Sharif's application, the AC noted in its June 5 order, "Accused has not produced any defense witness in this (Avenfield) reference. He has also not opted to be examined on oath u/s 340(2) of CrPC. Therefore, the reason for rendering the decision simultaneously in all the three references does not exist at present". With this order, the court has expressed its mind that it would decide the Avenfield apartments corruption reference first.
Nawaz Sharif in the petition prayed to set aside Accountability Court's (AC) decision to pass judgement in the Avenfield Apartments.
The AC judge on November 8, 2017 observed in his judgment, "In order to avoid conflicting judgments, or any likelihood of ignoring any defense that will be produced by the applicant/accused in each reference, all the three references shall be decided simultaneously."