Maryam Files New Application with “Relevant Facts” in IHC for Avenfield Verdict to be Overturned – Pakistan

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PML-N Vice President, Maryam Nawaz, on Tuesday filed a new application, along with “extremely relevant, simple and clear facts”, with the Islamabad High Court (IHC) seeking the reversal of the verdict in the Reference Avenfield Apartment.

Accountability Court Judge Mohammad Bashir had on July 6, 2018 – 19 days before the general election – sentenced former Prime Minister Nawaz Sharif, his daughter Maryam Nawaz and her husband retired Captain Mohammad Safdar in the reference of the Avenfield’s apartment and handed them prison terms of 10, seven and one years, respectively, for possessing assets beyond known sources of income.

They had appealed to the IHC against the conviction. The court had, on September 18 of the same year, suspended their sentences and released them on bail.

NAB is now looking to quickly dispose of appeals within 30 days.

Maryam’s latest motion was filed “as a result of certain extremely relevant, plain and clear facts that came to light after judgment and sentencing” in the case, according to a copy of the motion available with Dawn.com.

“These facts, which even otherwise are fairly well known, are brought to the attention of this honorable court to enable it to dispose of this matter expeditiously, justly, equitably and according to law,” said the miscellaneous motion filed by the intermediary of lawyer Irfan Qadir.

The IHC Registrar, meanwhile, raised two objections to Maryam’s re-application.

According to the Registrar, Maryam made the same plea in her application as in her main appeal challenging her conviction in the Avenfield case.

The office further stated that “Maryam Nawaz can adopt new grounds of appeal only with leave of the court.”

Objections will be taken up by a special IHC panel with Maryam’s candidacy on Wednesday (tomorrow). The court will also decide whether to combine the new claim with Maryam’s original appeal or hear it separately.

In her application, Maryam said the entire process that culminated in her conviction was a “classic example of outright violations of law and political engineering hitherto unparalleled in the history of Pakistan.” “.

She also attached a reference to the speech given by former IHC Judge Shaukat Aziz Siddiqui to the Rawalpindi District Bar Association on July 21, 2018, in which he claimed that the country’s main intelligence agency was involved in the manipulation of legal proceedings.

Read more: Maryam calls for independent investigation into former IHC judge Shaukat Aziz’s statement in SC

“ISI officials had approached the Chief Justice to ask him to ensure that Nawaz and his daughter are not released on bail before the elections,” reads the petition, quoting an excerpt from the speech of the President. former Judge Siddiqui.

In a later tweet, Maryam said the media “for reasons known to all” did not highlight the central topic of her petition submitted to the IHC. “The summary is that the case/verdict against me was pre-planned, orchestrated and influenced by General Faiz Hameed, then DG [counter-intelligence]“, she wrote, referring to the current head of inter-service intelligence (ISI).

She said the same was “revealed” by Judge Siddiqui, “who exposed how the law, the principles of justice and fair play were not only violated but derided, making this case a classic example of how political victimization in Pakistan comes at the cost of the judiciary, the constitution and the law”.

The way the case unfolded “also shows how individuals [such] because General Faiz Hameed not only violates the sanctity of their oath but also in doing so gives a bad name to the revered institution of the armed forces which consequently has to bear the brunt of his personal ambitions,” the chief said. of the PML-N.

Removal of Judge Siddiqui

Earlier in June this year, Siddiqui’s lawyer had read his statement to the Supreme Court during the hearing of his appeal against the opinion of the Superior Council of the Judiciary (CJS) as well as the notification of October 11, 2018 under which he had been removed from his post as a high court judge for a speech he gave on 21 July that year.

His lawyer had said that during his July 19, 2018 visit, the ISI’s acting Director General, who was then DG of Counterintelligence, Lt. Gen. Faiz Hameed, told Siddiqui that after his verdict of June 2018, he had been summoned by the army chief who shows a lot of annoyance and dissatisfaction.

In June 2018, IHC Judge Siddiqui ordered the ISI to remove encroachments from part of Khayaban-i-Suharwardi outside the spy agency’s headquarters in Islamabad.

In his statement to SC during the hearing of the case on June 9, 2021, Siddiqui claimed that when he asked how they handled building a bench to hear the appeal against the conviction of the former Prime Minister Nawaz Sharif, General Hameed told him that the then IHC Chief Justice, Anwar Khan Kasi, was approached in Quetta through a mutual friend, where he was asked to constitute a bench of division which was not directed by judge Siddiqui. Judge Kasi, according to Siddiqui, told General Hameed that he “will be a bench that we are comfortable with”.

General Hameed had further said that he wanted to be assured that the bail plea of ​​the accused Nawaz Sharif had not been resumed before the 2018 general election, Siddiqui’s lawyer said, adding that he wanted the case later to be brought before a court headed by Judge Siddiqui. to attach some credibility.

“To this I emphatically replied that if from the material I feel satisfied for the improvement of the sentence, I will not hesitate to issue an opinion of improvement of the sentence, but if the judgment does not would not be tenable in the eyes of the law, I will not waste my hereafter to protect the affairs of the world from anyone, ”said his lawyer, citing Siddiqui.

Urging the court to look into the aforementioned events, Maryam also referred to accountability judge Arshad Malik whose video had also gone viral in which he claimed he had been “pressured and blackmailed” into convicting Nawaz Sharif.

In December 2018, Malik convicted former Prime Minister Nawaz Sharif in the Al Azizia case, sentencing him to seven years in prison. However, he had acquitted Sharif in the Flagship case.

Concluding her motion, the Vice President of PML-N urged the IHC to declare the verdict of the accountability tribunal null and order her acquittal of all charges in the case.

Last month, Maryam said she had decided to file a petition with the IHC seeking to expose the “conspirators” behind the Avenfield reference.

The PML-N leader had told reporters she would file a request to reveal the figures behind the preparation and filing of the referral and what led to her conviction in the Avenfield referral.

“I will tell the court how the case was put together, who was pulling the strings and how he succeeded,” she said.

Maryam had previously obtained permission from the IHC bench, consisting of Judge Aamer Farooq and Judge Mohsin Akhtar Kayani, to file an application to enter what she called “essential facts” into the court record.

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