No bar on Sharifs' return
By Ansar Abbasi
A four-page document signed by Nawaz Sharif, his brothers Shahbaz Sharif and Abbas Sharif, and his son Hussain Nawaz contained no conditions attached to their "deportation" to Jeddah on December 10, 2000.
They had, however, sought that the sentences of imprisonment awarded to Nawaz by the anti-terrorist court be "waived" to enable him to proceed abroad for medical treatment. It was also stated, "...the petitioners may not be prosecuted in respect of any alleged past conduct."
On the basis of this document, which was a petition addressed to the president, the then Chief Executive General Pervez Musharraf advised the-then President Muhammad Rafiq Tarar on December 9, 2000 to remit the sentences given to Nawaz Sharif.
The former president, according to the official documents, approved the same on December 10. On the same night, the Sharif family flew to
However, sources confirmed that the Saudi government through a mediator – Saeedul Harriri, who was brother of Rafiq Harriri – convinced the Sharifs to sign the document. There is, however, no clue of any written agreement reached between Jeddah and
Tarar – who remained president till June 2001 – when approached confirmed that there was no other document available with the government except the four-page "petition" of the Sharifs. He also denied that any written agreement was signed by Jeddah and
The government spokesman and Federal Information Minister Muhammad Ali Durrani when approached said, "I don't have anything to say in this regard." A leading federal minister, who has been defending the "deal" in the media, told this correspondent on condition of anonymity that he never saw any agreement between the Sharifs and the government or between
The following is the text of the four-page petition signed by four Sharifs:
"To, The President of the Islamic Republic of Pakistan. Dear Sir, That petitioner No 1 (Nawaz Sharif) along with others was tried for offences under sections 120B, 212, 121A, 123, 365, 402B, 109 and 324 of Pakistan Penal code and section 6/7 of the Anti-terrorism Act 1997 by the Anti-terrorism Court No-1 Karachi.
The other co-accused of petitioner No. 1 were acquitted but petitioner No 1 was, by the judgment dated 6 April 2000 of the said court, convicted for offences under section 402 P.P.C read with Section 7 of the Anti-terrorism Act 1997 and sentenced as under.
Offence under Section 402B PPC. (i) Rigorous imprisonment for life. (ii) Fine of Rs 500,000 (in case of non-payment of fine R.I of 5 years). (iii) Confiscation of entire property.
Offence under Section 7 of Anti-terrorism Act. (i) Imprisonment for life. (ii) Fine of Rs 500,000 (in case of non payment of fine R.I for 5 years). (iii) To pay Rs 2,900,000 as compensation to all passengers of flight PK-805 in equal shares.
That on appeal by petitioner No.1 against the judgment has maintained conviction under Section 402B PPC read with Section 7 of the Anti-Terrorism Act and modified the sentences as under:- (i) Imprisonment for life. (ii) Fine of Rs 500,000 (in case of non payment of fine R.I for five years). (iii) Forfeiture of property (movable and immovable to the extent of the value of Rs 500 million).
That on a reference filed by the National Accountability Bureau under the NAB Ordinance 1999, petitioner No 1 has been tried by Accountability Court Attock Fort and convicted for an offence under section 9(a)(v) of the NAB Ordinance and sentenced as under:- (i) R.I for 14 years. (ii) Fine of Rs 20,000,000 (in case of non-payment of fine R.I for 3 years). (iii) Disqualification for 21 years for seeking or from being elected, chosen, appointed or nominated as member or representative of any public office or any statutory or local authority of the government of
That the petitioner No 1 has developed serious health problems.
That certain inquiries and investigations against conduct of petitioner No. 1 and petitioners No 2 to 4 are pending with the investigating agencies and investigations may culminate into the petitioners' prosecution.
In view of the above it is requested that the sentences of imprisonment of petitioner No 1 may be waived to enable him to proceed abroad for medical treatment and the petitioners may not be prosecuted in respect of any alleged past conduct.
(Signed) 9.12.2000. Mian Muhammad Nawaz Sharif- petitioner No 1. (signed) Mian Shabaz Sharif- petitioner No. 2. (signed) Mian Abbas Sharif- petitioner No. 3. (signed) Hussain Nawaz- petitioner No. 4."
On December 9, 2000, the-then Chief Executive Secretariat wrote to the President: "Subject: Grant of Pardon. In terms of Article 45 of the Constitution of Islamic Republic of Pakistan the president is advised to:- (a) Remit the sentence of imprisonment for life awarded to Mian Muhammad Nawaz Sharif by the High Court of Sindh in its judgment dated October 30, 2000 in Special Appeal No 43 of 2000 under Section 402B of the Pakistan Penal Code read with section 7(ii) of the Anti-Terrorism Act, 1997 and (b) Remit the sentence of R.I for 14 years awarded to Mian Muhammad Nawaz Sharif by the Accountability Court Attock Fort in its judgment dated July 22, 2000 in reference No 2 of 2000 under Section 9(a)(v) of the National Accountability Bureau Ordinance 1999. (signed) Pervez Musharraf, Chief Executive of
On this the-then president wrote, "approved. Sentences remitted. (signed)."
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