Shehbaz moves LHC for pre-arrest bail

Says arrest not desirable so long as accused cooperates and keeps joining investigation


Rana Yasif June 01, 2020
Leader of Opposition in the National Assembly Shehbaz Sharif says arrest not desirable so long as accused cooperates and keeps joining investigation. PHOTO: EXPRESS/FILE

LAHORE: Leader of Opposition in the National Assembly Shehbaz Sharif has moved the Lahore High Court (LHC) seeking an anticipatory bail ahead of his appearance before a National Accountability Bureau (NAB) combined investigation team (CIT) in Lahore.

NAB – the country’s top graft buster – has summoned the PML-N president to record his statement in assets beyond means and money laundering cases today (June 2).

According to a report quoting NAB sources, the ant-graft watchdog needs Shehbaz’s statement to bring the cases to their logical conclusion and has provided the former Punjab chief minister with a detailed questionnaire as per its standard operating procedure (SoPs).

However, Shehbaz on Monday filed a petition in the LHC requesting the court to grant him bail before arrest in both the cases “in the interest of justice”. He requested that he might also be admitted to ad-Interim pre-arrest bail till decision of the petition.

The petitions said the power to arrest is permissive and not obligatory and the arrest is not desirable even in most heinous offences so long as accused cooperates and keeps joining the investigation.

“That the petitioner seeks kind indulgence of this Hon’ble Court to safeguard his constitutional rights of life, liberty, honor, dignity and treatment in accordance with law as guaranteed under Article 4, 9, 13, & 14 of the Constitution of Islamic Republic of Pakistan,” the petition added

In his petition, he has nominated as respondents to NAB through its Chairman Javed Iqbal, NAB Lahore director general, NAB Lahore Assistant Director and Investigation Officer Hamid Javed and NAB Lahore Deputy Director (Coordination) Shahzad Ahmad.

Shehbaz – also three times former Punjab chief minister – has been facing a number of graft cases, investigations and inquiries initiated by NAB.

The PML-N president contended that on October 31, 2017 a complaint was made to various authorities including NAB chairman against management of the public limited companies in Punjab. The complaint claimed that the companies were incorporated and operated in violation of the Constitution and law.

Court issues order to freeze assets of Shehbaz

On November 15, 2017, NAB director general ordered an inquiry into the complaint “in a slipshod and mechanical manner, without application of judicious mind.

On January 10, 2018, the director general passed an order under section 18(C) of NAO 1999 for an inquiry into against management/officers/officials of Punjab Land Development Company (PLDC), management /owners of M/s Lahore CASA Developers (JV) and officers/officials of the Lahore Development Authority (LDA) in Lahore’s Ashiana housing scheme.

Shehbaz said the above said order was passed on the basis of an anonymous complaint and neither the complaint nor the order for inquiry mentioned name of the petitioner [Shehbaz Sharif] or his office “yet under its cover”, NAB officials embarked upon “a fishing and sniffing expedition” against him.

On October 5, 2018, when Shehbaz appeared before a NAB team in response to call up notice in the matter of Saaf Paani Company but he was arrested in Ashiana case.

During his 64 physical remand, the PML-N chief was also arrested in Ramzan Sugar Mills/Construction of Sullage Carrier case. He was still in NAB’s custody when NAB authorized yet another inquiry against the petitioner and others in assets beyond means case.

Later, the petitioner was granted bail after arrest in both the above said cases but just after one week’s time of his bail, NAB put his name in the Exit Control List (ECL) – the country’s no-fly list.

“The petitioner assailed the above said memorandum February 21, 2019 before this court and his petition was allowed.” He contended that NAB served him another call up notice requiring his appearance before the CIT on April 17, 2020.

Covid-19: Shehbaz again excuses himself from NAB hearing

Shehbaz said he did not appear before NAB team in view of his ill health and the lockdown. Later NAB again issued call up notice requiring his presence on April 22, 2020.

“However, hectic efforts were made and a comprehensive reply was submitted within time with an assurance of personal appearance after the holy month of Ramazan subject to lifting of the lockdown.

Later, the petitioner appeared before the CIT whereupon he was interrogated for about 2:00 hours, however, he could not be confronted with any evidence worth name on record to show any act of commission or omission by him to attract the mischief of any offence under NAO 1999.

“That now the petitioner has again been served with a call up notice for June 2, 2020 requiring his personal appearance and written reply before CIT,” it added.

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