LHC extends opposition leader’s bail

Court reserves decision in Hamza’s plea to access NAB documents

LAHORE: The Lahore High Court (LHC) reserved its decision on Punjab Assembly Opposition Leader Hamza Shehbaz Sharif’s plea to access documents related to the NAB probe against him in cases of financial wrongdoing.  Amongst the paperwork sought by the petitioner is a report of the Financial Monitoring Unit.

Also, the two-member bench, headed by Justice Ali Baqar Najafi, extended the interim pre-arrest bail of Hamza Shahbaz Sharif till May 28 while hearing three different NAB cases against Shehbaz. These included the Ramzan Sugar Mills, Saaf Paani project and assets accumulated beyond known means of income cases.

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The bench fixed the same date to hear a contempt petition filed by Hamza against NAB officials. He alleged that the bureau raided his House and harassed family members, despite the fact that the accountability watchdog was bound to inform him before taking any such action under a previous LHC order. DG NAB had submitted a reply in the mentioned contempt petition.

When proceedings commenced Wednesday, the NAB prosecutor told the court that all relevant documents had been handed over to Hamza Shehbaz Sharif. The counsel for Hamza Shehbaz Sharif told the court that the written order of NAB’s chairman, in which he granted permission to initiate an inquiry against Hamza, was not been handed over.

He contended that a Supreme Court orders dictated that any proceedings, if initiated without the Chairman NAB’s permission, would be declared null and void. The lawyer stated that he wanted to examine the stance of the NAB chairman in his written order. He stressed this would allow the defence to understand the basic reasoning for initiating proceedings against Hamza Shehbaz Sharif.

Meanwhile, the NAB lawyer contended that all relevant documents had been handed over to Hamza and the basic reasons for initiating an inquiry had been shared in the documents of his arrest. Earlier, Hamza’s counsel sought some documents which would outline when the inquiry was initiated against him and when it was turned into an investigation. He also sought a copy of the arrest warrant and the report of the Financial Monitoring Unit (FMU). NAB reportedly handed over all relevant documents except for the FMU report.

The NAB lawyer argued that Hamza Shehbaz had received billions in his account from Salman Shehbaz, Nusrat Shehbaz and other family members. He said NAB had clearly mentioned in the documents provided to Hamza Shehbaz that this development prompted the effort to arrest him as there was fear he may escape.

Hamza’s counsel reiterated that under Section 18 of the NAB Ordinance, he should be provided with FMU’s report and the stance of the NAB chairman. However, the bureau’s lawyer argued that the opposition leader in Punjab had not revealed the source from abroad which deposited the huge amount into his account.

He said Shehbaz showed a forged record of foreign investment, adding that the investors he named had not even visited foreign countries. The NAN counsel contended that Fazal Dad Abbasi, Mushtaq Chini and Syed Tahir Naqvi had revealed the money laundering of Hamza Shehbaz and his family members.

As the back and forth continued, Hamza’s counsel submitted that his side was at a loss to understand the reasons for withholding the FMU report and NAB chairman’s written order. In accordance to the anti-money laundering act, it is necessary to provide secret documents to the accused within seven days. He further argued that NAB’s investigation was launched substantial evidence against Hamza and was merely an exercise merely to humiliate the opposition leader through false allegations.

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Tight security arrangements were made for the arrival of the Pakistan Muslim League-Nawaz leader at the LHC. Heavy contingents of police were deployed on the court premises. Petitioner Hamza Shehbaz Sharif asked the court to safeguard his right of life, liberty and honour.

He contended that the NAB arrest warrant not only violated statutory provisions, but also the law. The petitioner contended that an arrest is not desirable, even in the most heinous offences, as long as the accused cooperates during investigation. He named the National Accountability Bureau as a respondent through its director general and assistant director. Hamza asked the court to grant him pre-arrest bail.

Published in The Express Tribune, May 23^rd, 2019.