ISLAMABAD: The Islamabad High Court (IHC) Thursday remarked that the lack of evidence will result in a different verdict in Avenfield reference.
It mentioned that if the father made the property illegal and gave it to the son, will the daughter be found guilty? The court said that the petitioner should just prove that NAB could not prove the case, nothing else is required. The court inquired about the response of NAB to Maryam Nawaz’s equest and expressed concerns on its progress.
A division bench of Justice Amir Farooq and Justice Mohsin Akhtar Kayani heard the Avenfield reference appeals. Maryam Nawaz’s legal adviser Irfan Qadir said that NAB did not complete the basic details of the case, the actual value and source of the assets are not stated in advance. Also, it did not meet the requirements of Section 9-A of the NAB Ordinance. If the court wants, it can give bail to Maryam Nawaz.
Justice Amir Farooq said that the Supreme Court s observations were of the initial nature in 184/3. We are not looking at the evidence, we will look at the trial record. It remains to be seen whether the NAB could prove it with evidence.
Justice Mohsin Akhtar said that there will be no delay today, NAB should answer all questions first. NAB prosecutor Sardar Mazhar mentioned that Maryam Nawaz claimed to be the trustee of the property. NAB has proved though evidences that Maryam was their beneficial owner and forgery in the trust deed which was confirmed the trust deed deposited in the Supreme Court before the JIT.
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The court mentioned that Maryam Nawaz and Hussain Nawaz did not sign the trust deed while the court will talk about the fond later. The NAB said that this was not proved anywhere.
Justice Amir Farooq said that the document is not fake, it will be called pre-dated, both signatories still believe in dates. Captain Safdar was only punished for being a witness to these signatures.
The NAB prosecutor said that the trust deed was submitted by Maryam Nawaz in the Supreme Court. The court directed all the parties to look into the case papers and adjourned the hearing till February 17.
