The National Accountability Bureau (NAB) has approached the apex court against the Lahore High Court (LHC) order to remove former Chief Minister Shahbaz Sharif's name from Exit Control List (ECL). The NAB on Friday filed an appeal under Article 185(3) of Constitution challenging the LHC verdict dated 26-03-2019.
The appeal alleged that the investigation conducted so far revealed that huge/suspicious cash transactions have been held in M/S Ramzan Sugar Mills, M/s Sharif Feed Mills, M/s Sharif Diary Farms and personal accounts of Hamza Shahbaz, Suleman Shahbaz and Malik Maqsood Ahmed.
The director general NAB Lahore on 23rd October 2018 had authorised an inquiry against Shahbaz Sharif, Hamza Shahbaz, Suleman Shahbaz and others pertaining to the allegation of accumulation of assets beyond known sources of means.
The NAB informed that names of Shahbaz Sharif and others were placed on ECL in view of the gravity of the offence and the extent of the role and involvement in the commission of the offence in the instant case. However, the former CM Punjab filed a writ petition in Lahore High Court for deletion of his name from ECL, which the court accepted and ordered to remove his name from ECL on 26-03-2019.
It contended that Division Bench of LHC erred in law as well as facts, while accepting the writ petition of Shahbaz Sharif.
The petition says that according to Section 3 of Exit from Pakistan (Control) Ordinance, 1981, any person aggrieved by an order of the federal government by virtue of which a person has been prohibited from proceeding from Pakistan may file a representation to the federal government for review of its order.
However, the LHC while passing the impugned order relied on the judgement in PLD 1997 Lahore 617, wherein it was held that if no reasons are assigned to an aggrieved person, the remedy of review under Section 3 of Ordinance by making representation becomes redundant.
The appeal argued that the leader of opposition was trying to 'influence' the probe undertaken by the anti-graft body. It further outlined that "Shahbaz may have absconded the nation" and that the accountability watchdog's proceedings may come to a halt due to the suspect's unavailability.
The NAB urged the apex court to reinstate Shahbaz's name on the no-fly list. The accountability body's authorities argued that the ruling does not state which of the PML-N leader's rights were being violated by being present on the ECL.
The petition further stated that co-accused Salman Shahbaz has already fled the country.
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