Accountability Court Judge Muhammad Bashir announced 174-page judgment after delay of several hours on Friday. Sharif has also been sentenced for one year under Schedule 1 for not cooperating with the NAB. The sentences will run concurrently which means the former prime minister will serve a 10-year imprisonment.
The Avenfield reference was filed against five accused including Nawaz Sharif, Maryam Nawaz, Hassan Nawaz, Hussain Nawaz and Captain Muhammad Safdar (retd) under 18(g) read with section 24 (d) of NAO, 1999 on September 8 last. Two of them namely Hussain Nawaz and Hassan Nawaz did not appear before this court despite summons, warrants and ultimately proclamation issued under section 87.88 CrPC. After completion of requisite processes, they were declared as absconding/proclaimed offenders in this case.
The court has ruled that all the four ingredients of the offence as defined under Section 9(a)(v) of National Accountability Ordinance (NAO) 1999 are established; therefore, heavy burden was shifted to the accused on account of assets - the Avenfield apartments - that those are not disproportionate to known sources of their income. In the above circumstances, prosecution has succeeded to bring home the guilt of the accused, it said.
The judgment said the guilt of the accused Mian Muhammad Nawaz Sharif under section 9(a)(v) NAO, 1999 read with serial No 2 of the schedule attached with the said ordinance is punishable under section 10 of NAO, 1999 said serial No. 2 of schedule. Therefore, the accused Mian Muhammad Nawaz Sharif is hereby convicted and sentenced to a rigorous imprisonment for a term of 10 years with a fine of eight million pounds. He is also convicted and sentenced under offence cited at serial No. 2 for one year. Both the sentences shall run concurrently.
The Section 9(a)(v) of NAO 1999 says: "A holder of public office, or any other person, is said to commit or to have committed the offence of corruption and corrupt practices if he or any of his dependents or benamidar owns, possesses, or has [acquired] right or title in any ["assets or holds irrevocable power of attorney in respect of any assets] or pecuniary resources disproportionate to his known sources of income, which he cannot [reasonably] account for [or maintains a standard of living beyond that which is commensurate with his sources of income]."
While section 10 of NAO 1999 says: "A holder of public office, or any other person who commits the offence of corruption and corrupt practices shall be punishable with [rigorous] imprisonment for a term which may extend to 14 years [and with fine] and such of the assets and [pecuniary resources] of such [holder of public office or person, as are] found to be disproportionate to the known sources of his income or which [are] acquired by money obtained through corruption and corrupt practices whether in his name or in the name of any of his dependents."
However, the court observed that the prosecution has not brought evidence in respect of section 9 (a) (iv) of the NAO 1999. So the accused are acquitted under that section of law. The accumulative facts of the evidence produced by the prosecution are that accused Muhammad Nawaz Sharif was holder of public office. He had remained finance minister of Punjab, chief minister of Punjab, prime minister of Pakistan (three times) and member of national assembly.
Section 9(a)(iv) of NAO 1999 says: "A holder of a public office, or any other person, is said to commit or to have committed the offence of corruption and corrupt practices if he by corrupt, dishonest, or illegal means, obtains or seeks to obtain for himself, or for his spouse or dependents or any other person, any property, valuable thing, or pecuniary advantage."
The judgment says the trust deeds produced by the accused Maryam Nawaz were also found bogus. She was instrumental in concealment of the properties of his father Mian Muhammad Nawaz Sharif. This accused Maryam aided, assisted, abetted, attempted and acted in conspiracy with her father Mian Muhammad Nawaz Sharif who was holder of public office. Therefore, prosecution has succeeded to establish her guilt within the meaning of section 9(a)(v)(xii) NAO, 199 read with serial No. 2 of the schedule and punishable under section 10 and schedule attached therewith. In view of the role of this accused Maryam Nawaz, she is convicted and sentenced to rigorous imprisonment for seven years with fine of two million pounds under section u/s 9(a)(v)(xii) NAO 19991 read with section 10 of NAO 1999 and simple imprisonment for one year under Serial No. 2 of the schedule. Both the sentences shall run concurrently.
According to the judgment, the accused Muhammad Safdar had signed the trust deeds as witness, he also aided, assisted, abetted, attempted and acted as conspiracy with the accused Mian Muhammad Nawaz Sharif and Maryam Safdar within the meaning of under section 9(a)(v) (xii) NAO 1999 read with section 10 of NAO 1999 and Serial No. 2 of the schedule and he is convicted and sentenced to rigorous imprisonment for one year under section 9(a)(v)(vii) NAO 1999 read with section 10 of NAO, 1999 and one year under Serial No. 2 of schedule attached with NAO, 1999. Avenfield apartments, including 16, 16-A, 17 and 17-B, stand forfeited to the federal government within the meaning of 10(a) of NAO 1999.
It says that evidence produced by the prosecution has established that Avenfield apartments were not purchased from sources of income shown by the accused in their CMAs.
The court order says that the above said accused shall be disqualified to contest election or to hold public office for a period of 10 years to be reckoned from the date he is released after serving the sentence and they shall not be allowed to apply for or to be granted or allowed any financial facilities in the form of loan, etc, for a period of 10 years from the date of their conviction within the meaning of section 15 of NAO, 1999.
Two accused namely Hussain Nawaz and Hassan Nawaz are absconding therefore, they are declared as proclaimed offenders. Non-bailable perpetual warrants of arrest shall be issued to them.
It says that the Avenfield apartments have been purchased during the years 1993, 1995 and 1996 through offshore companies Nielsen Enterprises and Nescoll Ltd. Certain documents have shown that accused Maryam Nawaz has remained beneficial owner of those companies prior to 2006, the year from which handing over of bearer shares of two companies Nielson and Nescoll are alleged by accused Maryam Nawaz and his brothers co-accused, it says.
According to the judgment, two letters (Letters of Qatari Prince Sheikh Hamad bin Jassim bin Jaber al-Thani) and worksheet were produced before the Supreme Court of Pakistan but those were found not reality by the Joint Investigation Team (JIT). As discussed above those are not good defense of the case in absence of supportive documents or direct evidence. Both the letters are based on hearsay, it says.
The age of accused Maryam Safdar was 18 years and ages of his brothers (co-accused) were about 20 and 17 years in 1993. They have no source of income to purchase those apartments. Analysis charts of assets and liabilities prepared by JIT are showing their sources of income.
Generally children remain dependent on their parents during their teenage ages therefore, accused Nawaz Sharif cannot say that he had not provided any money to them to purchase the apartments. The Avenfield apartments had remained in possession of accused as stated in interviews by Hassan Nawaz.
Accused Hassan Nawaz and Hussain Nawaz even accused Muhammad Nawaz Sharif and Maryam Safdar have never stated that the bearer shares of two companies were procured as a result of investment with Qatari Royal Family in their interview/ speech.
Prince Hamad Bin Jasim had not noted the name of Muhammad Tariq Shafi to be representative of Muhammad Sharif, while giving cash amount for investment purposes.
Withholding of relevant documents from the court can be presumed as that submission of documents would be adverse to interest of withholder of the documents.
It says that allegedly, documents Panama papers were leaked from the record of Panama based Law Firm namely Mossack Fonseca wherein members of the then first family of Pakistan were accused namely Mian Muhammad Nawaz Sharif, Maryam Safdar (Nawaz), Captain (retd) Muhammad Safdar, Hussain Nawaz and Hassan Nawaz Sharif were alleged to have connection with offshore companies. The matter was taken up by Supreme Court of Pakistan. During the proceedings before the apex court of Pakistan, the accused persons introduced their stances and submitted letters along with other documents.
NAB Deputy Prosecutor General Sardar Muzaffar Abbasi while talking to media persons after the hearing said that the prosecution has established that the Sharif family had purchased London properties in 1993. The sources of purchasing these properties were proved incorrect, he said, adding that the court has ordered that properties in London be confiscated by the federal government.
He said that the accused have 10 days to file an appeal against the verdict.
Former minister and MNA Tariq Fazal Chaudhry said that his party will file appeal against Accountability Court judgment. Nawaz Sharif will return to Pakistan before the July 25 elections. He urged PML-N workers not to take the law into their own hands. The PML-N leader Asif Kirmani was also present on the occasion who was first stopped by security personnel from entering the court; however, later he was allowed entry.
The capital police made extraordinary security arrangements in and around the Judicial Complex to avert any untoward incident on the occasion. The district administration had imposed Section 144 in the areas around Judicial Complex.