Supreme Court on Tuesday asked top anti-graft body to submit details relating to references filed against the Sharif family over alleged wilful default of Rs 1.2 billion in the Hudaibiya Papers Mills case by December 11. The apex court directed this while resuming the hearing of National Accountability Bureau's plea seeking reopening of inquiry against the Sharif family, urging the court to set aside Lahore High Court 2014 verdict which quashed a reference against the Sharif family.
The NAB had filed references against Nawaz Sharif, Shahbaz Sharif, Abbas Sharif, Hussain Nawaz, Hamza Shahbaz, Shamim Akhtar, Sabiha Abbas and Maryam Nawaz before Accountability Court Rawalpindi in the matter. A three-member special bench led by Justice Mushir Alam has sought details pertaining to the terms and procedures to appoint chairmen of the Bureau since its inception.
While issuing orders, the court directed the National Accountability Bureau to submit details pertaining to the terms of the chairmen NAB and procedure of their appointments since the inception of the anti-graft body. The bench also asked the NAB to submit a report relating to details of complainant, besides what complaint was made which provided a ground to file reference against the Sharif family in the Hudaibiya Paper Mills case whereas the NAB has also been directed to submit copies of the NAB Court Rawalpindi trial, particularly an order passed on August 21, 2008 wherein the case was adjourned sine die.
The NAB was also asked to submit a detailed report pertaining to the periods in which the accused remained in public office, besides history of exile and return of the accused persons. While dictating order, the bench said the NAB will also inform the court which provisions of Section 9 of the National Accountability Ordinance attract the accused persons.
During the course of proceedings, a member of the bench Justice Qazi Faiz Isa asked from Special Prosecutor NAB Imranul Haq as to why the Bureau didn't proceed in nine months against the Sharif family in the Hudabiya Paper Mills case. To which Haq submitted that reference was re-filed on March 27, 2000 whereas the Sharif family was sent in exile on December 10, 2000.
However, Justice Qazi Faez Isa observed that as per the NAB, the accused persons were in the country on March 27, 2000 but they were not proceeded against in the Hudabiya Paper Mills case. On court's query, Imranul Haq submitted that the accused returned to the country on November 27, 2007.
Responding to the court's query, Haq said that the NAB had filed an application on August 31, 2008 before the Accountability court about the status of accused persons, saying the accused had used the Economic Reforms Act to get away with their money laundering whereas fake forms were prepared for the purpose of money laundering. Imranul Haq alleged that the Sharif family influenced the proceedings of Hudabiya Paper Mills case after 2014, saying the Lahore High Court quashed the reference on technical grounds, adding if the court requires documents, they would also be produced in this regard.
Haq further submitted that in 2014, a referee judge of the high court dismissed the reference and restrained the anti-graft body for re-filing it for an inquiry. Justice Mushir Alam observed that the referee judge had to side with one of the judges' decisions in the case, however, Haq pleaded that the referee judge had declared the decision of one of the judges as null and void.
Haq said the Hudabiya Paper Mills case has nexus with the Panama Papers matter, saying the NAB has filed an appeal against the Lahore High Court verdict in pursuance of the Panama Papers verdict of the apex court on July 28. To which, Justice Qazi Faiz Isa made it clear that the bench has nothing to do with the Panama Papers case, saying three things are very much important in the current matter: the nature of criminal offence; which clause of Section 9 of the NAB ordinance is applicable in this matter; and the NAB didn't allege in the matter about beyond the source income of the accused.
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