Properties owned by Sharif family, Dar stand attached after NAB references

ISLAMABAD: All the properties owned by former prime minister Nawaz Sharif, his children and Finance Minister Ishaq Dar in the country now stand attached and cannot be transferred to any other person after filing of references against them by the National Accountability Bureau (NAB) in the light of the Supreme Court’s July 28 verdict in the Panama Papers case, The News has learnt through sources.

Similarly, the Sharif family members could not make transactions through their bank accounts without prior approval of NAB. The sources informed this correspondent that properties owned by the Sharif family and Ishaq Dar in foreign countries could not be attached as there was no such provision in any law under which NAB could take this action. However, they said, the NAB chairman or a court was bound to requesting them to attach the properties.

“If such a letter is sent by a court, then it will carry more weightage,” said a senior official of prosecution wing on condition of anonymity. The sources further informed that none of the NAB regional offices had recommended that the names of the accused persons should be included in the exit control list (ECL). In the absence of any such request, the question of putting the names of the Sharif family members on the ECL didn’t arise in the meeting of the Executive Board of NAB, which had approved filing of cases against Nawaz Sharif and others.

The official informed that NAB Rawalpindi submitted references with the headquarters on August 31, whereas references from Lahore NAB office were received on September 5. The sources confided to The News that during the meeting, especially prosecution branch opined that that the references had enough evidence to strengthen the case and further information will be added to main case as soon as reply is received from foreign jurisdictions. Especially the evidence collected from the FBR, FIA and other offices within short time was a highly professional job done by regional offices of NAB, the sources added.

To a question about attaching of the properties as soon as the inquiry started, the official quoted Section 23 of NAB Ordinance 1999, which reads: “Notwithstanding anything contained in any other law for the time being in force after the chairman NAB has initiated (an inquiry or) investigation into (any offence) under this Ordinance, alleged to have been committed by an accused person, (accused) person or any relative or associate of (accused) person or any other person on his behalf, shall not transfer by any means whatsoever, (or) create a charge on any property owned by him or in his possession, while the inquiry, investigation or proceedings are pending before the NAB or the court; and any transfer of any right; title or interest or creation of a charge on such property shall be void.” He further stated that in case some transaction is done without approval of NAB, the said transaction will be declared void even after 20 years time.

About the properties of Nawaz Sharif and others, sources in prosecution branch told that this issue is dealt under Section 21 of NAB Ordinance 1999. The said ordinance authorises chairman NAB or NAB court to write foreign jurisdiction requesting them attached properties of person against whom investigation starts about the reference filed. In this case, the decision to write to foreign jurisdiction has been left with the court. Relevant portion of Section 21 of NAB Ordinance reads: “Freeze assets, by whatever processes are lawfully available in the state, to the extent to which the assets are believed to be located in that state. Further that transfer to Pakistan any such evidence, documents, things articles, assets or proceeds realised from the disposal of such articles or assets”.

When The News contacted spokesman for NAB Nawazish Ali, he refused to comment. “The issue is sub judice and I cannot offer any comment over the issue,” he replied, when The News insisted for some comment.