ISLAMABAD: Former prime minister Nawaz Sharif on Wednesday moved the Islamabad High Court (IHC) against his indictment and asked for all charges against him to be clubbed together in one reference, instead of being filed as three separate cases.

An accountability court in Islamabad had indicted Mr Sharif, his daughter Maryam and son-in-law retired Capt Mohammad Safdar in the London properties reference on Oct 19.

The same court also indicted Mr Sharif in connection with two other references, related to the companies established in the United Kingdom and Saudi Arabia by both his sons, Hussain and Hassan Nawaz.

On Wednesday, an IHC division bench consisting of Justice Aamer Farooq and Justice Mohsin Akhtar Kayani issued notices to the accountability court on Mr Sharif’s plea, with directions to file a reply by Nov 2.

Sharif’s counsel argues his client can only be tried once for all charges framed under accountability law

Challenging the trial court’s order, Azam Nazir Tarrar – counsel for the former prime minister – asked the IHC to direct the accountability court to frame joint charges and conduct a single trial against the Sharif family, instead of holding three separate trials.

The thrice-elected former premier also requested the court to suspend proceedings before the accountability court until joint charges were framed.

When the case was taken up, the counsel for the ex-prime minister informed the division bench this was the first time that more than one reference had been filed in a case of possessing assets beyond one’s means, when the series of transactions was the same.

The counsel contended that there should be a “joint trial” instead of three separate references, adding that there was no bar on a framing a joint charge when the allegations against the suspects were the same.

“Trial proceedings should not be a continuation of the Supreme Court’s proceedings,” he said, adding that an impression had been created that all legal obligations are being set aside for this trial.

In the petition, the counsel emphasised that each of the three references was supplemented by the same nine volume report of the Joint Investigation Team (JIT), while several witnesses were also common in all the references.

Keeping in view the provisions of section 9(a)(v) of the National Accountability Ordinance 1999 and all precedents pertaining thereto, he said, all offences falling under the provision of this law constitute a single offence, irrespective of the nature and number of assets allegedly owned, possessed or acquired by the petitioner.

Only one reference can be filed against the petitioner on the basis of the allegations made in each of the aforementioned references, the counsel said, adding that the accused could only be tried once on the basis of these allegations.”

The impugned order is based on a gross misreading of the facts on which it is purportedly based, and the factors relevant for purpose of considering whether joint trial is necessary or not have not been taken into account.

The court has also not considered the adverse impact of separate trials upon the defence of the petitioner, Mr Tarrar argued.

The petition maintained that the impugned order had been passed in haste and without adhering to the applicable law.

Mr Sharif was supposed to appear before an accountability court on Thursday, but he is not likely to reach Pakistan in time.

Maryam Nawaz Sharif and Capt Safdar, however, will appear at the Federal Judicial Complex when the case is taken up on Oct 26.

Published in Dawn, October 26th, 2017