SC dismisses NAB appeals for bail revocation in Khursheed Shah case

CJP asks how co-accused can be arrested when prime accused has been granted bail

ISLAMABAD:

The Supreme Court dismissed on Tuesday the National Accountability Bureau's (NAB) appeals seeking revocation of bail of all co-accused in Khursheed Shah’s case.

The top court stated that the Pakistan Peoples Party (PPP) leader was granted bailed on the basis of lack of evidence. "How can the co-accused be arrested when the prime accused has been granted bail," stated Chief Justice of Pakistan Umar Ata Bandial.

Justice Mansoor Ali Shah ordered the anti-graft watchdog to desist from arresting Khursheed Shah’s wives, children and relatives, stating that “it is not right to make a case against anyone without solid evidence”.

Investigating the PPP leader in the assets beyond means case, NAB prosecutor stated that "contractor Abdul Razzaq Bahrani paid Rs2.5 million to Khursheed Shah in commission and could not give any concrete reason for the payment during the investigation".

Justice Ayesha Malik questioned the prosecutor, stating more evidence was required to link the money to the corruption charge.

“Under which contract did Khursheed Shah get Rs2.5 million in commission? On what basis is a cheque called a bribe or commission?,” Justice Ayesha Malik questioned.

Read: NAB failed to justify Khursheed Shah’s custody: SC

The chief justice remarked that the contractor may have gifted the money to Khursheed Shah. He directed NAB to “work hard” in order to prove the case during the trial.

The apex court also dismissed NAB’s appeal against the cancellation of bail of Sindh Minister Awais Qadir Shah.

Shah was granted bail by the SC last year, on October 21, after spending more than two years behind bars.

On January 24 this year, the apex court held that NAB could not provide any justification for keeping Khursheed Shah in custody for two years.

The anti-graft watchdog has failed to collect tangible and sufficient incriminating material against the PPP leader to justify his detention even for a single day, Justice Syed Mansoor Ali Shah observed in a written judgment on Shah's bail application.

In its verdict, the SC noted that keeping the PPP leader in custody without sufficient concrete material to justify his detention, “depriving the accused of his liberty and freedom even for a single day” was, “to say the least, unconscionable and below human dignity".