Chairman National Accountability Bureau has power to arrest an accused, under the NAB law, against whom an investigation is on-going therefore Chief Minister Punjab Shahbaz Sharif's arrest in Ashiana Iqbal Housing Project case is legal.
The former CM Punjab was arrested on Friday when he appeared before the investigation team in NAB office, Lahore, in an inquiry related to water purification project. The Accountability Court, Lahore, has granted 10 days physical remand.
Azhar Siddique advocate while talking to Business Recorder stated that under Section 24 (a) of National Accountability Ordinance 1999 Chairman NAB has power to direct the arrest of an accused, at any stage of the [inquiry or] investigation, if not already arrested. "However before arrest charges have to be communicated to the accused in writing and these were conveyed to Shahbaz Sharif before arrest," he added.
The charge against Shahbaz Sharif is that he as CM Punjab unlawfully assumed power of Board of Directors of Punjab Land Development Company (PLDC), misused his authority and acted in connivance with the accused Fawad Hassan Fawad, the then Secretary Implementation to CM Punjab and others and illegally cancelled contract awarded to M/S Ch A Latif and Sons for infrastructure development of Ashiana Iqbal Housing Project.
The said award of contract was declared as lawful and as per PPRA Rules by the high powered committee so there was no justification for its cancellation; and it was cancelled to give undue favour to a favoured contractor, who had paid illegal gratification for the same.
Azhar Siddique said inquiry against Shahbaz Sharif had been ongoing in three cases - land projects, pure water scheme and power development projects. Ahad Cheema, Israr Saeed and Fawad Hassan Fawad are allegedly involved in these cases and have recorded statements under Section 164 of CrPc to become approvers against Shahbaz Sharif in all three projects.
Former Additional Prosecutor General NAB Raja Amir Abbas stated that under the NAB law an accused can become an approver at any stage of inquiry/investigation. If the chairman NAB deems that the person has enough evidence against the main accused pardon may be granted after becoming an approver. If later on the approver regresses from his statement then he/she may be punished.
Former finance minister Ishaq Dar had become an approver in Hudaibiya Paper Mills against the Sharifs. However, the case could not be concluded as the Sharifs went into exile in Saudi Arabia under a deal. The Supreme Court in February dismissed NAB appeal for being time barred.
NAB claims that it has sufficient evidence to prove involvement of former Chief Minister, Punjab, in the commission of offences as defined under Section 9(a) and Schedule of Nationality Accountability Ordinance 1999.
The grounds given by NAB for the arrest of Shahbaz Sharif is that the accused may misuse his position/clout and may tamper the prosecution evidence through coercion, criminal inducement and criminal intimidation. The arrest of the accused is necessary for the collection of evidence and concluding the investigation in accordance with law, claims NAB.
Vice Chairman Pakistan Bar Council Kamran Murtaza termed the arrest of Shahbaz Sharif an 'unusual development.' He said Shahbaz Sharif was summoned in water purification plants case but was arrested in Ashiana Housing case. He said if the Chairman NAB had issued a warrant then it should have been delivered to the accused [Shahbaz Sharif]. Arresting the accused in such manner will tarnish NABs image, he added.
Senior lawyer Ibrahim Satti said NAB applies different laws for different people. In Nandipur Power Project NAB through a recent report found Babar Awan guilty but last week when he appeared before the NAB investigation team NAB let him go after he submitted a surety bond.
He said there are several people against whom there are serious allegations of misuse of authority or corruption and investigation against them has yet to start while in other cases when people appear before the NAB investigation team they are arrested. He added that yet another category is where the accused is arrested on the basis of an allegation and jailed without an investigation.
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