PHOTO: EXRPRESS
The country’s top accountability watchdog – the National Accountability Bureau (NAB) – arrested Abbasi in July last year. NAB had alleged irregularities in a liquefied petroleum gas (LGP) contract that Abbasi signed with Qatar during the last PML-N government in his capacity as petroleum minister.
Ahsan Iqbal was arrested in December last year over alleged irregularities in a sports complex constructed in the PML-N leader’s hometown of Narowal. Both the PML-N leaders moved IHC after an accountability court in Islamabad rejected their post-arrest bail pleas.
A division bench of the IHC, headed by Chief Justice Athar Minallah and comprising Justice Lubna Saleem Pervaiz, on Tuesday separately took up Iqbal’s and Abbasi’s petitions.
During hearing of Iqbal’s bail petition, the bench noted that there were no charges of criminal intention and taking financial benefits in NAB's case against the accused. It asked NAB how a public representative could flee abroad, adding that the accused’s name may be placed on exit control list (ECL).
Justice Athar Minallah noted that NAB has adopted the stance that a corruption case could be initiated against anyone for alleged irregularity. He remarked that if it was so, then the entire governance system would come to a standstill. He said an error could occur, even with good intention.
“Internationally, freedom of an accused couldn't be seized even in terrorism cases. In Britain, 12 conditions were imposed on a terror suspect but he was not deprived of his freedom,” he said.
The CJ said NAB investigation officer could also have imposed some conditions on the accused without arresting him. “Arresting an accused for the sake of investigation shows inefficiency of investigation officer,” he said.
Justice Minallah asked whether an accused could be arrested for any other reason other than investigation. The NAB investigator said a suspect could also be held to avert his fleeing abroad and record tampering.
Won’t beg for production order, Abbasi tells speaker
Iqbal's lawyer Tariq Jahangiri alleged that NAB has been pressuring his client to strike a plea bargain – an option that would render the PML-N leader disqualified to hold a public office.
The CJ said plea bargain is an international practice but noted that NAB is just an investigation body which prosecutes the accused in courts after collecting evidences against them.
NAB Prosecutor Jahanzeb Bharwana said his department is authorized to arrest an accused following a complaint. The chief justice asked that if the NAB is authorised to hold anyone before inquiry, adding that criminal cases couldn't be linked with corruption cases.
Justice Minallah asked NAB to reply to three questions of the bench: why Ahsan Iqbal and Shahid Khaqan Abbasi were arrested; why both accused were kept in jail even after conclusion of investigation and how two persons could be deprived from the representation of their voters.
Later the bench granted post-arrest bail Iqbal and ordered him to submit surety bonds of Rs10million.
Abbasi’s plea
The same bench also heard Shahid Khaqan Abbasi’s bail plea. NAB additional prosecutor general told the bench that the accused, Abbasi, had misused his powers in LNG terminal construction project.
“The petroleum ministry even did bother to involve the Oil and Gas Regulatory Authority (Ogra) in the entire process of the LNG import agreement,” he added.
Justice Minallah asked how the anti-graft body had started this case if no public funds were used in the project. “There was no allegation of paying fees from national exchequer. What NAB would say about the company to which USAID paid fees?” he questioned.
NAB prosecutor said the documents to hire services of this company had not been found so far.
The bench asked whether the advisory firm was also paid fees by the USAID and who hired the advisory firm. NAB investigation officer said there was no notification found yet to hire the firm.
The chief justice said: “If the USAID had been paying fees to this firm, then the same would be the hiring organization. If the USAID had hired this firm, then how notification could be with the ministry?”
The bench noted that NAB had mentioned two grounds for the arrest of accused but the same were ineffective. NAB prosecutor alleged that the former prime minister had bought LNG for an exorbitant price from a foreign country.
The CJ asked whether NAB had conducted investigation regarding availability of LNG across the world against rates cheaper than this. The bench later accepted the bail of Shahid Khaqan Abbasi and ordered to release him after payment of surety bonds worth Rs10m.
NAB decides to challenge IHC order
NAB has decided to file an appeal in the Supreme Court of Pakistan against the IHC orders to grant bail to Ahsan Iqbal and Shahid Khaqan Abbasi.
NAB Chairman Javed Iqbal chaired a meeting at NAB headquarters on Tuesday. The meeting decided to file an appeal in the SC against the IHC order, said a statement.
(With additional input from APP)
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