Pakistani Plane hijacking case

ISLAMABAD: The Sindh government on Tuesday produced in the Supreme Court record of pardon, remission of sentence and undertakings of PML-N Quaid Nawaz SharifNawaz Sharif and his brother Shahbaz SharifShahbaz Sharif.

Advocate General Sindh Yousuf Leghari produced the documents before the five-member larger bench headed by Justice Tassadaq Hussain Jillani, hearing an appeal filed by Nawaz Sharif against his conviction in the plane hijacking conspiracy case.

The AG Sindh requested the court to include in the record the presidential pardon and Sharifs’ affidavits. Other members of the bench included Justice Nasirul Mulk, Justice Mohammad Moosa K Leghari, Justice Sheikh Hakim Ali and Justice Ghulam Rabbani.

According to the pardon documents, on the basis of a four-page application signed by Nawaz Sharif, Shahbaz Sharif, Abbas Sharif and Hussain Nawaz, the then Chief Executive of Pakistan and Chairman Joint Chief of Staff and Chief of Army Staff Gen Pervez MusharrafPervez Musharraf advised the then President Muhammad Rafiq Tarar on December 9, 2000 to remit the sentences awarded to Nawaz Sharif under Article 45 of the Constitution, which he remitted.

In his application Nawaz Sharif requested the president to waive the sentences of imprisonment awarded to him by the anti-terrorism court to enable him to proceed abroad for medical treatment. It was also stated that the petitioner might not be prosecuted in respect of any alleged past conduct.

The pardon order issued by then ‘chief executive’ secretariat on Dec 10, 2000 advises the president to remit the sentence of imprisonment for life awarded to Nawaz Sharif by the Sindh High Court on October 30, 2000 and also remit the 14 years rigorous imprisonment awarded to Nawaz Sharif by the Accountability Court Attock Fort on July 22, 2000. The president remitted the sentences.

Copy of an undertaking seeking permission to proceed abroad by Nawaz Sharif and Shabaz Sharif was also filed in the court. The undertaking revealed that Sharif brothers had left the country for 10 years on their own choice and agreed not to be engaged in any business or political activities or any other activities of any nature whatsoever against the interests of Pakistan.

Earlier, advocate Khwaja Haris, counsel for Nawaz Sharif continued his arguments and said that his client had ordered diversion of the plane carrying former Army Chief Pervez Musharaf to prevent division in the army and to protect the democratic setup in the country.

Referring to the statements of former protocol officer Zahid Mehmood and Military Secretary Brig Javed Iqbal to Nawaz Sharif, he said the plane was ordered to land at Nawabshah Airport instead of Karachi. He said according to the statements the conversation of the pilot with the control tower was wrongly transcribed. He said the prime minister did not order to stop the plane from landing at the Nawabshah Airport and that the airfield was opened.

The learned counsel submitted that Pervez Musharraf was in contact with the control tower and before the aircraft landing he wanted to ensure that every thing was under the army control.

He further contended that Pervez Musharraf took the step after he came to know about his removal as army chief. “It is the constitutional right of the prime minister to change the army chief”, he said. He was still arguing, when the hearing was adjourned till Wednesday as the court time was over.

Nawaz Sharif had filed an appeal in the Supreme Court against his conviction in the plane hijacking conspiracy case. He prayed for granting leave to appeal against the verdict of Sindh High Court on October 30, 2000. He also prayed that after converting the same into appeal, the conviction and sentences passed against him be set aside.