| Case ID |
f6cecf87-2cd6-4616-929e-98d9a80669d2 |
| Body |
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| Case Number |
Criminal Appeal No. 121 of 2018 |
| Decision Date |
Jun 23, 2021 |
| Hearing Date |
Jun 23, 2021 |
| Decision |
The appeal of Mian Muhammad Nawaz Sharif was dismissed by the Islamabad High Court due to his status as a fugitive from justice. The court emphasized that an individual who absconds from the law loses certain rights, including the right to appeal. The court acknowledged that while Article 10-A of the Constitution guarantees the right to a fair trial, this right is forfeited when a party fails to submit to the judicial process. The court noted that the appellant had previously been granted bail but did not appear for the hearing of his appeal, resulting in his designation as an absconder. The court also referred to previous rulings that established the precedent that an appeal cannot proceed if the appellant is a fugitive. As such, the court left the door open for the appellant to seek resurrection of his appeal upon surrendering to the authorities. |
| Summary |
In the case of Mian Muhammad Nawaz Sharif vs. State through Chairman, National Accountability Bureau, the Islamabad High Court dealt with the implications of abscondence in the context of criminal appeals. The court ruled that individuals who are fugitives from justice forfeit their rights to appeal and are not entitled to the benefits of a fair trial as guaranteed by the Constitution. The judgment highlighted the essential principle that the administration of justice requires individuals to submit to the legal process. This case reiterates the importance of accountability and the consequences of evading legal responsibilities. The court referenced established legal precedents that support the notion that absconders cannot have their appeals heard, thereby reinforcing the integrity of the judicial process. This ruling serves as a significant reminder of the legal obligations individuals have to the court and the repercussions of failing to uphold those obligations. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ,
MOHSIN AKHTAR KAYANI
|
| Lawyers |
Azam Nazeer Tarar,
Hassan Nawaz Makhdoom,
Jahanzeb Khan Bharwana,
Imran-ul-Haq Khan,
Sardar Muzaffar Abbasi,
Naeem Tariq Sanghera,
Syed Jalal Hussain
|
| Petitioners |
Mian MUHAMMAD NAWAZ SHARIF
|
| Respondents |
STATE through Chairman, National Accountability Bureau
|
| Citations |
2022 SLD 133,
2022 PLD 13
|
| Other Citations |
Hayat Bakhsh and others v. The State PLD 1981 SC 265,
Chan Shah v. The Crown PLD 1957 FC 43,
Ikramullah and others v. The State 2015 SCMR 1002,
Awal Gul v. Zawar Khan and others PLD 1985 SC 402,
Inam ul Rahiem v. Chairman, NAB, Islamabad PLD 2018 Isl. 251,
Lahore High Court Bar Association and others v. General (R) Pervez Musharraf (Civil Review Petition No.513 of 2014 in Constitution Petition No.14 of 2018)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
497,
10-A
|