National Accountability Ordinance (NAO), 1999, empowers the anti-graft body to arrest any individual against whom concrete evidence of corruption and corrupt practices is available but using it against the opposition leaders only would discredit the real objective of this law, legal experts told this correspondent.
Former Attorney General for Pakistan Irfan Qadir while talking to Business Recorder stated that when Lahore High Court (LHC) order still holds then NAB should have waited a few days after issuing the order of arrest against Hamza Shahbaz instead of conducting a raid on his house.
NAB team on Friday and again on Saturday conducted a raid on 96-H house, believed to be Shahbaz Sharif's residence, to arrest Hamza Shahbaz, Pakistan Muslim League-Nawaz (PML-N) President and Opposition Leader in the Punjab Provincial Assembly in the money laundering case. However, they left the premises after the Lahore High Court ruled that Hamza Shahbaz could not be arrested until 8th April.
In November 21, 2018 the Lahore High Court in Hamza Sharif petitions regarding Punjab Saaf Pani Company, Ramzan Sugar Mills and assets beyond means cases directed NAB authorities to give 10-days to the accused for availing legal relief if arrest warrants are issued, as per the Supreme Court order.
According to Hamza Shahbaz's counsel, Amjad Pervez, NAB's raid for his arrest at the residence was illegal and violation of court's order after the High Court had ordered NAB to inform him ten days before his arrest.
To prove the legality of the raid NAB refers to Supreme Court order of 27th March in which it held that if there is sufficient material to connect a person to the commission of an offence then NAB has the power to arrest the person. "Examination of National Accountability Ordinance, 1999, reveals that no such limitation has been imposed upon NAB that it can't arrest a suspect without issuing a summon," said the apex court order in Syed Jalil Arshad bail's matter.
Irfan Qadir, a former Prosecutor General of NAB, said the LHC had passed an order in a specific case, while the Supreme Court order is similar to an observation. He stated in Pir Bux case the apex court upheld that judgments/orders would apply prospectively and not retrospectively.
Zulfiqar Ahmed Bhutta, former Deputy Prosecutor General NAB, while talking to this correspondent said section 24(a) of NAO 1999 allows the anti-graft body to arrest if there is sufficient material to connect a person to the commission of an offence.
When Hamza Shahbaz was cooperating with NAB then conducting a raid by its officials is not appropriate, he added. Zulfiqar said there are allegations that are NAB taking action only against opposition leaders.
Raja Amir Abbas, former Additional Prosecutor General NAB, said NAB law is very clear as according to Section 24(a) of NAO "The Chairman NAB shall have the power, at any stage of the investigation under this Ordinance, to direct that the accused, if not already arrested, shall be arrested."
He said when the Accountability Court has issued an arrest warrant against Hamza Shahbaz then he should have surrendered to NAB authority rather than resist arrest through mobilizing PML-N workers.