A division bench of Lahore High Court (LHC) here Thursday issued notice to Chairman National Accountability Bureau (NAB) on seven identical appeals of Sharif family including PML-N Chief Mian Muhammad Nawaz Sharif, Chief Minister Punjab Mian Shahbaz Shari and restrained the bureau from taking coercive measures against the appellants.
The bench also sought replies from NAB authorities within two weeks. Sharif family had taken the plea that the NAB was not releasing their properties seized in 2001 in order to recover fine imposed by an accountability court and an Anti-Terrorism Court on Nawaz Sharif in plane hijacking and purchase of Russian helicopter cases. Initially, these appeals were filed at Rawalpindi bench of the LHC, however, the same were transferred to principal seat (Lahore) due to unavailability of bench in Rawalpindi.
The appeals were filed by Punjab Chief Minister Mian Shahbaz Sharif, Sabina Abbas, daughter of Mian Abbas, Hudabiya Paper Mills, Hudabiya Engineering Services, Chaudhry Sugar Mills, Ramzan Sugar Mills and Hamza Spinning Mills. An accountability court on July 22, 2000 sentenced Mian Nawaz Sharif to 14 years rigorous imprisonment and Rs 20 million as fine in helicopter case.
While in plane hijacking case, an Anti-Terrorism Court of Karachi had convicted him on April 6, 2000, and awarded him life imprisonment, Rs 500,000 fine and attachment of his movable and immovable property. The conviction, however, was set aside by Supreme Court on October 30, 2000. The appellants pleaded that despite the conviction was set aside by the apex court that NAB was not releasing their seized properties and resorted to coercive measures against them.
In petition filed by Hudabiya Paper Mills through its secretary Syed Ajmal Sibtain and 15 shareholders, all members of the Sharif family, the company sought recovery of 7.07 million share certificates attached by Mohammad Shabbir Khan, the then director of NAB in Lahore on May 16, 2001, to recover the fine. The petition of Shahbaz Sharif was filed by Tariq Dastagir Khan seeking recovery of original sale deed executed by Murree Improvement Trust in Shahbaz's favour of a plot No 53-C of Damaged Area Scheme in Murree. The agreement was seized by Lahore NAB authorities on January 16, 2002.
Sabina Abbas, daughter of Mian Abbas, sought detachment of sale deed of May 12, 1984, registered with sub-registrar of Murree in favour of the petitioner in respect of property No 54 on the Hill Road in Murree. The Chaudhry Sugar Mills, through its secretary Syed Ajmal Sibtain, sought the recovery of its Rs 5 million acquired by the Lahore NAB on April 6, 2002, through cross cheques.
The Ramzan Sugar Mills sought recovery of Rs 110 million encashed by the bureau in 2001 and 2002 through six bank transactions. The Hudabiya Engineering Services, through its secretary Syed Ajmal Sibtain, sought recovery of its 204,500 share certificates attached by NAB in Lahore on May 16, 2001. The Hamza Spinning Mills, through its secretary Tariq Dastagir Khan, sought recovery of its 2.735 million share certificates.
The appellants argued that it was unlawful on the part of NAB to recover the fines imposed on Nawaz Sharif from other members of his family. They said after the clearance of Nawaz Sharif both from the apex court, NAB should have released the attached property and shares, but despite repeated applications it had failed to do so.
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