Law: National Accountability Ordinance, 1999

Section: 17(a)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 164

Law: Constitution of Pakistan, 1973

Section: 10-A

Law: Criminal Procedure Code (V of 1898)

Section: 353

National Accountability Ordinance (XVIII of 1999)--- ----S. 17(a)---Criminal Procedure Code (V of 1898), S.353---Qanun-e-Shahadat (10 of 1984), Art.164---Constitution of Pakistan, Art.10-A---Recording of evidence through video link---Fair trial, right of---Petitioners were accused facing trial and they contended that their right to fair trial would be compromised if prosecution witnesses were examined in absence of their authorized attorney/counsel---Validity---Every accused had a right to a fiar trial and the same could not be denied; it was in consonance with the "right to a fair trial" to allow access to authorized attorney/counsel or representative of accused persons so that prosecution witnesses would be examined and their testimonies were recorded in presence of the latter---High Court directed the High Commissioner of Pakistn of the concerned country to allow an authorized attorney/counsel or representative of accused persons to attend proceedings as an observer when prosecution witnesses in question were examined on video link/skype etc. pursuant to order passed by Trial Court---Constitutional petition was allowed in circumstances. THIS ORDER PASSED BY: ATHAR MINALLAH, JUSTICE:---.--- Through this consolidated order, we shall decide the instant petition along with W.P.No. 489 of 2018. The instant petition has been filed by Mian Muhammad 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…

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