The Islamabad High Court (IHC) on Tuesday granted bail to former prime minister Shahid Khaqan Abbasi and former interior minister Ahsan Iqbal in separate corruption cases. A division bench of IHC comprising Chief Justice Athar Minallah and Justice Lubna Saleem Pervez heard the bail pleas of Pakistan Muslim League-Nawaz (PML-N) leaders.
Abbasi was granted bail in Liquefied Natural Gas (LNG) case, while Iqbal was granted bail in Narowal Sports City Complex corruption case.
Both the leaders were ordered "to furnish Rs 10 million surety bond each."
In its written order, the court said, the investigation officer shall be at liberty to impose conditions as he may deem appropriate to secure cooperation and presence of the petitioners during the course of inquiry/investigation.
Barrister Zafarullah represented Shahid Khaqan, while Tariq Mahmood Jahangiri and Azam Nazir Tarar appeared on behalf of Ahsan Iqbal.
The National Accountability Bureau (NAB) prosecutor, Jehanzeb Bharwana, opposed the bails saying that if the suspects are granted bail then it can disrupt the investigation. Justice Athar remarked that arresting a suspect to interrogate him shows incompetence on the part of the investigation officer, and a suspect is innocent until the crime is proven against him.
The IHC chief justice during the course of hearing remarked that the government took a grant from another country (the United States) for help, and the country itself hired a firm.
"Public funds were not used for the project; USAID funds were used instead therefore Public Procurement Regulatory Authority rules are not applicable in this case."
He inquired whether the foreign ministry had been asked about the USAID.
The prosecutor informed that the bureau was acquiring records from the ministry, adding that the ex-PM had purchased LNG at expensive rates.
The chief justice then questioned whether the NAB had researched, if any company could be given the terminal's contract at cheaper rates.
The chief justice citing a letter submitted by the NAB remarked that the anti-graft body cannot mention a company providing services at a cheaper rate, if it did not participate in the bidding.
Abbasi in his petition contended that former finance minister Dr Miftah Ismail and ex-managing director of the Pakistan State Oil (PSO) had already been granted bail in the same case.
The petition maintained that Abbasi held the portfolio of prime minister of Pakistan and Minister for Petroleum and Natural Resources and he is a graduate of the University of California, with a degree in engineering; and has a postgraduate degree in engineering management from George Washington University, Washington DC.
Elected to the lower house of parliament from NA-124 (Lahore-II), Abbasi had been sent to Rawalpindi's Adiala jail on judicial remand in the reference filed against him by the NAB, the petition said.
The petition added that under his [Abbasi's] tenure, Pakistan became surplus in natural gas and finally achieved an electricity surplus in November 2017, after facing power crisis for well over a decade.
The Foreign Direct Investment (FDI) increased up to 87 percent due to the interest of the government and full commitment to the China Pakistan Economic Corridor (CPEC).
The manufacturing industry saw growth of 9.64 percent during the tenure of the PML-N government.
The petition said Abbasi being minister for petroleum and natural resources was also member of the federal cabinet, the cabinet committee on energy, and the Economic Coordination Council (ECC) during the relevant period.
Creation of the LNG supply chain and import of LNG from Qatar was a basic ingredient in and critical part of the resolution of the energy crises, it added.
The petition claimed that Abbasi in his capacity as minister for petroleum had a policy role in the LNG terminal project under the ECC instructions and all approvals in this regard had been given by the cabinet.
It added that it was not Abbasi's mandate to interfere in the working of the board of directors or in the management of companies within the domain of the Petroleum Ministry.
The petition argued that that was also not within the authority of a federal minister to take decisions without cabinet approval, or to coerce fellow colleagues into taking decisions that were not acceptable to them, or engage in a conspiracy with state enterprises and international funding/donor agencies to defraud the Government of Pakistan.
Similarly, the bail plea filed by Ahsan Iqbal, maintained that the allegations are "false, frivolous and absurd" and the former planning minister has been arrested due to "political victimization being the secretary-general" of the ruling party's main opposition.
The petition argued that the anti-graft watchdog has "no evidence" against Iqbal.
Iqbal was seeking post-arrest bail in the Narowal Sports City (NSC) project case.
The PML-N leader was arrested on December 23, 2019, for allegedly using funds from the federal government and the Pakistan Sports Board (PSB) for the multi-billion-rupee project in his hometown. He maintained that the funds spent on the NSC were approved by the then federal cabinet, the Parliament and the National Economic Council.
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