The court has issued notices to the NAB and the Accountability Court with a direction to depute officer/representative of the NAB, well conversant with the facts of the case to appear before the court on the date to be fixed in the last week of July. Through an instant criminal miscellaneous application, Nawaz Sharif prayed for transfer of references of the Flagship and Azizia Mills to some other Accountability Court as Judge Muhammad Bashir of AC had passed decision in the Avenfield Apartments reference.
Nawaz, Maryam and Safdar had filed appeals praying to suspend the sentence and set aside Accountability Court judgment in Avenfield Apartments reference. Nawaz's counsel Khawaja Haris contended that Accountability Court Judge Muhammad Bashir has disclosed his mind and, therefore, adjudication by the Accountability Court would prejudice his client's case.
He contended that no direct evidence has been brought on record by the prosecution to prove the charges of the Section 9(a)(v) of National Accountability Ordinance, 1999, against his client and even there is no direct evidence brought on record to establish that the assets in question belong to the petitioner and the prosecution has discharged its onus. He further contended that the trial court has wrongly shifted the onus on the petitioner while the petitioner has never owned the Avenfield properties.
He stated that the petitioner has neither admitted the same before any authority nor the the prosecution has produced the chain of evidence to prove the consideration factor of Avenfield properties through valid evidence to link the petitioner with the said apartments.
The petitioner's lawyer argued that the conviction and the sentences recorded against his client are illegal and without lawful authority and are liable to be suspended. During the pendency of criminal appeal, the petitioner is entitled to bail as a matter of right and he is ready to furnish surety bonds to the entire satisfaction of this court, he further said.