The Islamabad High Court (IHC) on Thursday observed that issuance of wrong arrest warrants by the National Accountability Bureau (NAB) was also a corruption. Chief Justice of the IHC Athar Minallah observed this, while hearing a bail plea of post-arrest bail petitions filed by the Pakistan Muslim League-Nawaz (PML-N) leader, Shahid Khaqan Abbasi.
A two-member bench of the IHC comprising Justice Athar Minallah and Justice Lubna Pervez resumed hearing of the case. During the course of hearing, Barrister Zafarullah, counsel for Shahid Khaqan Abbasi, while the NAB prosecutor Jehanzeb Bharwana appeared before the court.
Justice Athar remarked that this should also be decided that how much authority the NAB chairman has, to issue arrest warrants in the light of evidences. He observed, "To issue wrong arrest warrants is also a corruption and the NAB should satisfy the court that why was the arrest of the suspect necessary?"
Zarfarullah informed that his client was arrested upon the photocopy of arrest warrants and he was kept in a death cell. Upon that the chief justice asked the NAB that why they kept Abbasi in a death cell?
The NAB prosecutor said Abbasi was in Adiala Jail and there was no information of keeping him in a death cell. The bench gave the NAB a week to confirm whether the incumbent government is using the same terms and conditions applied by Abbasi for the LNG deal.
The court asked the anti-graft watchdog investigating officer if the ruling party's LNG deal was based on conditions similar to those set by Abbasi. Bharwana maintained that an interim reference had been filed against Abbasi. Zafarullah responded by pointing out that the bureau was yet to prove bribe or corruption against him. "We have evidence," asserted Bharwana.
Justice Athar observed that there is an impact of an arrest in the society, and remarked who should be held responsible for the humiliation caused by the NAB's arrest. He asked whether arresting individuals has ended corruption. Later, the court deferred the hearing till February 20th for further proceedings.
Meanwhile, the same bench also questioned circumstances under which the NAB chairman issued arrest warrants for former planning minister Ahsan Iqbal. The IHC observed that it would issue a separate order on NAB's powers to arrest suspects.
When NAB Additional Prosecutor Jahanzaib Bharwana informed the bench that the inquiry against Iqbal was in the preliminary stage, Justice Athar asked what extraordinary circumstances compelled the bureau chairman to issue arrest warrants.
He asked was the suspect trying to escape? He also directed the NAB prosecutor to satisfy court on why Iqbal could not be probed without being detained. The judge remarked that every suspect was innocent until proven guilty. Bharwana said the anti-graft watchdog was apprehensive that Iqbal would tamper records and witness statements.
The PML-N leader's counsel dismissed the claim, pointing out that Iqbal had appeared in every call up notice. He also maintained that the bureau had not proven any bribe or other allegations against his client so far. The bench adjourned the proceedings till February 20th.
The bail plea filed by Azam Nazeer Tarar on behalf of 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 is seeking post-arrest bail in the Narowal Sports City 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, parliament and the National Economic Council. He said that the project's plan was revised and expanded.