| Citation(s) |
|---|
| 2018 SLG 2257 2018 SLD 2257 2018 PLJ 284 |
Islamabad High Court
W.P. No. 499 of 2018, heard on 08.02.2018.
MIANGUL HASSAN AURANGZEB, JUSTICE ATHAR MINALLAH, JUSTICE
Mr. Saad M. Hashmi and Muhammad Amjad Pervaiz, Advocates for Petitioner. Sardar Muzaffar Ali Khan, ADPG, NAB and Mr. Muhammad Afzal Qureshi, Special Prosecutor, NAB for
Respondents.
W.P. No. 499 of 2018, heard on 08.02.2018.
MIANGUL HASSAN AURANGZEB, JUSTICE ATHAR MINALLAH, JUSTICE
Mr. Saad M. Hashmi and Muhammad Amjad Pervaiz, Advocates for Petitioner. Sardar Muzaffar Ali Khan, ADPG, NAB and Mr. Muhammad Afzal Qureshi, Special Prosecutor, NAB for
Respondents.
MIAN MUHAMMAD NAWAZ SHARIF
VS
STATE THROUGH CHAIRMAN NAB AND ANOTHER
Law:
Section:
Constitution Pakistan, 1973-- ----Arts. 4, 10-A, 25 & 199--NAB Ordinance 1999--Right to fair trial--Examination of Witnesses through Video Link in High Commission--Petitioner prays for examination of two witnesses through link in presence of an authorized attorney-counsel--Validity--Every accused has a right to a fair trial and same cannot be denied--It would be in consonance with right to a fair trial to allow access to an authorized attorney/counsel or representative of petitioners so that persons are examined as witnesses and their testimonies are recorded in their presence--Petition was allowed. THIS ORDER PASSED BY: Athar Minallah, J.- Through this consolidated order, we shall decide the instant petition alongwith W.P. No. 489 of 2018. The instant petition has been filed by MianMuhammad Nawaz Sharif while the connected petition by Ms. Maryam Nawaz Sharif and Capt (Retd) Muhammad Safdar (hereinafter referred to as the "Petitioners"). 2. The facts, in brief, are that the Petitioners have been arrayed as accused in Reference No. 20/2017, filed by the National Accountability Bureau (hereinafter referred to as the "Bureau"). The latter has also filed a Supplementary Reference. The trial in the said References is pending before the learned Judge, Accountability Court No. 1, Islamabad. The Supplementary References was filed on 23.01.2018 and the Bureau, vide application dated 30-01-2018, requested the learned Accountability Court to allow the examination and recording of statements of two witnesses, namely Robert W. Radley and Akhtar Raja, through video link/Skype etc. The said application was allowed by the learned Accountability Court vide the impugned order, dated 02-02-2018. The relevant portion for the adjudication of the instant petition is reproduced as follows:-- "Statements of above said two witnesses shall be recorded through that video link. Witnesses shall remain present in office of High Commission London. High Commissioner of Pakistan there shall ensure that the witnesses are not under any pressure, coercion or influence at relevant time, and their identity shall also be verified by him." 3. The learned counsels appearing on behalf of the…
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