Supreme Court on Tuesday sought grounds from National Accountability Bureau for condonation of delay in filing appeal against the 2014 Lahore High Court verdict which quashed the reference of Rs 1.2 billion against the Sharif family in the Hudaibiya Paper Mills case. Resuming hearing of the top anti-graft body's appeal for setting aside the high court's verdict in the matter, a three-member bench led by Justice Mushir Alam asked the Deputy Prosecutor General NAB Imranul Haq as to why the Bureau failed to challenge high court's decision within time.
The bench also directed the NAB to submit evidence in order to substantiate its claim that accused committed an offence in the case, observing that the Bureau still fails to establish charges against the Sharif family in the matter.
Justice Qazi Faez Isa said there may be the case of income tax or whitening black money, adding that fundamental principle of criminal proceedings is the criminal charge.
Responding to an argument of Haq that there is prima facie evidence against the Sharif family in the case, Justice Qazi Faez Isa said still this is prima facie evidence then another fifty years would be required to prove documents beyond doubts.
Imranul Haq submitted that a Joint Investigation Team in its report in the wake of the Panama Papers case had recommended reopening of the Hudaibiya Papers Mills case as there are strong and comprehensive the documents. Haq further said that it is part of the final verdict in Panama Paper case of July 28 that Saeed Ahmed and Javed Kiyani be included in the case.
To this, Justice Mushir Alam observed that reopening of the Hudaibiya Paper Mills case was not mentioned anywhere in the verdict, adding how the properties mentioned in the judgments and the transaction can be relevant to this case and how those are connected with the Hudaibiya case.
The NAB prosecutor pleaded that there is no mention of the Hudaibiya Paper Mills case but the names of persons are stated in the judgment who were involved in the transaction of money. Haq added that the reference in Hudaibiya Paper Mills was knocked down on technical grounds, saying Ishaq Dar recorded statement in the Hudaibiya Paper Mills case voluntarily.
During the course of hearing, the bench questioned the legality of Ishaq Dar's statement recorded before a judicial magistrate instead of testifying before the NAB chairman or the Accountability Court under the provisions of the NAB Ordinance. The bench noted that former federal finance minister Ishaq Dar's statement was recorded on April 25, 2000 before a judicial magistrate while the amendment in Section 26 of National Accountability Ordinance 1999 was made on July 5, 2000.
Responding to a query of Justice Qazi Faez Isa whether the NAB was aware of such amendment, the prosecutor submitted that the statement was recorded under the prevailing provision of the NAB law. The court questioned whether the NAB has gathered information about fictitious bank accounts to which prosecutor informed the account holder had appeared before the investigation officer.
To which, the bench asked the prosecutor to apprise the court of the amount and title of account where money was transferred, and how the Hudaibiya Papers Mills Limited could withdraw money from the account of Siddiqua Syed. Responding to a query of the court, the prosecutor submitted that he was relying on sections 6, 9(a)(v), and 10 of NAO, adding that under the NAB law, the onus is on accused to prove innocence. Later, the hearing of matter was adjourned till Wednesday.
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