NAB unlikely to arrest Nawaz to avoid delay

ISLAMABAD: Neither the NAB chairman’s office has received any request as yet from concerned region for arrest of any member of the Sharif family nor it is mandatory under the law to take the accused under detention, NAB sources said.

Informed sources in the NAB told The News here on Tuesday that even the Supreme Court in its past judgments has held that the NAB law does not necessitate the arrest of every accused. Under Section 24 of the NAB Ordinance, these sources explained, it is the discretionary authority of the chairman NAB to order the arrest of an accused if required during any stage of inquiry or investigation.

In the case of Nawaz Sharif, his children and others including Capt  Safdar and Finance Minister Ishaq Dar, the normal course of action is not being followed by NAB. The Bureau in these cases is acting on the direction of the apex court, which in its recent judgment had referred the JIT report to NAB with the direction that references against the Sharifs and
 others be filed within six weeks.

In the normal circumstances, the NAB upon the receipt of a complaint first goes for the inquiry, which if found convincing is converted into investigation. If, at the investigation stage, the NAB obtains enough evidence to prosecute the accused then the case is converted into a formal reference to be filed before the accountability court for trial.

In the Sharifs’ cases, the NAB is provided with the JIT investigation report alongwith the evidence for filing of references within six weeks. The Bureau whether it is convinced or not with the JIT’s investigation or the evidence shared, has to file the references against Nawaz Sharif, his three children -- Hussain, Hassan and Maryam -- Capt ® Safdar and Ishaq Dar.

According to a senior official source the issue of Sharifs’ arrest has neither been discussed as yet at the NAB headquarters level nor the detention of the former ruling family has been sought by the concerned NAB region. The source said that in his view the option of arrest looks unlikely at this stage.

When asked why does he see the arrest option unlikely at this stage, he explained that first the NAB has only two weeks left to file references against the Sharif family and others as per the SC’s decision in Panama case. He added that the Bureau has now started preparing references. Making arrests at this stage will delay the matter.

Second, the sources said that already the NAB has the JIT report alongwith the evidence required to file the references. He said that if the Sharifs are not responding to the NAB notices, it means that they have no evidence in their defence. “We have enough material to file references against them in the court of law,” the source added.

The NAB sources also claimed that it is Bureau’s effort to file the references as per the time line decided by the Supreme Court.

The SC in its verdict had directed that all material collected by the Joint Investigation Team (JIT) tasked with probing the Sharif family's financial dealings be sent to an accountability court within six weeks. The SC also decided that references will be filed against former Prime Minister Nawaz Sharif, Finance Minister Ishaq Dar, MNA Captain Muhammad Safdar, Maryam, Hassan and Hussain Nawaz.

The SC also directed that decisions on these references should be announced within six months by the accountability court. In addition to these timelines for filing of references and judgments of the accountability courts, the SC verdict also includes the direction for the appointment of a serving SC judge to oversee the implementation of the court order.

The SC also specified in its verdict as to how many and what kind of references would be filed in the accountability courts against Sharifs. The SC directed to file; a) Reference against Nawaz Sharif, Maryam Nawaz Sharif, Hussain Nawaz Sharif, Hassan Nawaz Sharif, and Capt Muhammad Safdar relating to the Avenfield properties in London, United Kingdom; b) Reference against Nawaz Sharif, and Hussain and Hassan Nawaz regarding Azizia Steel Company and Hill Metal Establishment, along with other companies mentioned in paragraph 9 of the detailed judgment; c) Reference against Ishaq Dar for possessing assets and funds beyond his known means of income. d) Supplementary reference(s) if and when any other asset, which is not prima facie reasonably accounted for, is discovered.