Can anyone be declared corrupt on NAB’s bidding, asks SC

ISLAMABAD: The Supreme Court (SC) on Monday dismissed the review petition of National Accountability Bureau (NAB) regarding the Hudaibya Paper Mills corruption, questioning that if someone could be declared corrupt because NAB said so.

A three-member bench of the apex court headed by Justice Mushir Alam and comprising Justice Qazi Faez Isa and Justice Mazhar Alam Khan Miankhel heard the review petition filed by the National Accountability Bureau (NAB) against its judgment, dismissing its appeal to reopen the Hudaibya Paper Mills case.

Last year in December, the same bench had dismissed NAB’s appeal to reopen the Hudaibiya Paper Mills case. The Hudaibiya Paper Mills case, involving money laundering charges against the Sharif family, was initiated by NAB in the year 2000, but quashed by the Lahore High Court (LHC) in 2014. The NAB then had filed an appeal in the Supreme Court, challenging the verdict of Lahore High Court and the apex court had dismissed the appeal. Consequently, NAB filed a review petition in the apex court.

The court after hearing the Special Prosecutor National Accountability Bureau Imranul Haq dismissed the review petition. “After hearing extensively to arguments of the learned Special Prosecutor NAB, we did not find any grounds for review hence it is dismissed,” Justice Mushir Alam announced in a short order.

Justice Qazi Faiz Isa, however, observed that the anti-graft body had failed to proceed with indicting the accused even though the Hudaibya reference was filed in the year 2000. He questioned as to when the crime was committed to which the prosecutor replied that it was committed in 1992 and the reference was then filed in 2000.

Justice Isa questioned if NAB wanted to whitewash Pakistan’s history. He then recalled that at that time, military was ruling the country and questioned as to why the charge was not farmed against the accused in the instant matter. “Was there any political pressure on the anti-graft body?” he questioned.

Justice Mazhar Alam, another member of the bench, asked the prosecutor as to who had filed the application seeking long adjournment for indefinite period. The prosecutor replied that the NAB had sought adjournment from accountability court. Justice Mazhar Alam then asked for how many years the sword of Damocles could be hung above a person.

Imranul Haq contended that the NAB reference was quashed because the accused was not associated with the investigation and the ruling that statement of Ishaq Dar was recorded illegally. The learned prosecutor recalled that former finance minister Ishaq Dar, who had turned approver against the Sharifs in April 2000, had backtracked from his confessional statement after the LHC quashed the reference.

Similarly, the NAB special prosecutor submitted that the respondents in the reference never appeared before a court. At this, the court asked as to why Dar's statement had been recorded before a magistrate. Justice Qazi Faiz Isa observed that an approver's statement could not have been recorded before a magistrate following an amendment in the accountability laws. Later, the court dismissed the review petition.