Headed by Justice Ijazul Ahsan, the bench also sought replies from the NAB authorities within two weeks.
The Sharif family had argued that NAB was not releasing properties seized in 2001 in order to recover fines imposed by an accountability court and an anti-terrorism court on PML-N chief Nawaz Sharif in a plane hijacking case as well as the purchase of a Russian helicopter.
Initially, these appeals were filed at the Rawalpindi bench of the LHC but were later transferred to Lahore due to the unavailability of the bench in Rawalpindi. The appeals were filed by Punjab Chief Minister Shahbaz Sharif, Sabina Abbas, Hudabiya Paper Mills, Hudabiya Engineering Services, Chaudhry Sugar Mills, Ramzan Sugar Mills and Hamza Spinning Mills.
On July 22, 2000, an accountability court sentenced Nawaz Sharif to 14 years of rigorous imprisonment and Rs20 million in fines in the helicopter case. An anti-terrorism court in Karachi had convicted Nawaz on April 6, 2000 in the plane hijacking case, and awarded him life imprisonment, a Rs500,000 fine and the attachment of his movable and immovable property.
However, the conviction was set aside by the Supreme Court on October 30, 2000.
The appellants argued that despite the conviction being set aside by the Supreme Court, NAB had not released their properties.
In a petition filed by Hudabiya Paper Mills through its secretary Syed Ajmal Sibtain and 15 shareholders, the company sought the recovery of 7.07 million share certificates attached by Mohammad Shabbir Khan, the then-director of NAB in Lahore on May 16, 2001, to recover the fine.
Shahbaz Sharif’s appeal was filed by Tariq Dastagir Khan and sought the recovery of an original sale deed executed by Murree Improvement Trust in Shahbaz’s favour for a plot in Murree. The agreement was seized by Lahore NAB authorities on January 16, 2002.
Sabina Abbas, daughter of Mian Abbas, sought the detachment of a sale deed of May 12, 1984, registered with sub-registrar of Murree in her favour with regard to a property in Murree.
Chaudhry Sugar Mills, through its secretary Syed Ajmal Sibtain, sought the recovery of Rs5 million acquired by NAB Lahore on April 6, 2002, through cross cheques.
Ramzan Sugar Mills sought recovery of Rs110 million cashed by the bureau in 2001 and 2002 through six bank transactions.
Hudabiya Engineering Services, through its secretary Syed Ajmal Sibtain, sought the recovery of 204,500 company share certificates attached by NAB in Lahore on May 16, 2001.
Hamza Spinning Mills, through its secretary Tariq Dastagir Khan, sought recovery of 2.735 million share certificates.
The appellants argued that it was unlawful of NAB to recover the fines imposed on Nawaz Sharif from other members of his family.
They said since the Supreme Court had acquitted Nawaz Sharif, NAB should have released the seized property and shares. But it failed to do so despite repeated applications.
Published in The Express Tribune, July 9th, 2010.
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