SC seeks details of Sharifs exile deal

ISLAMABAD - The Supreme Court on Tuesday sought the details of agreement from NAB under which the family of Sharif brothers went to Saudi Arabia, besides directing the bureau to submit its references against the family. Newly-appointed National Accountability Bureau (NAB) Prosecutor General K K Agha, appearing before a two-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, argued the judgment of Lahore High Court in a writ petition by Nawaz Sharif be dismissed. The NAB prosecutor told the court that the Sharif brothers went abroad, voluntarily surrendering their assets after making a deal with the federation in the Plane Hijack case. He said now as the new chairman has assumed charge therefore the NAB wanted to revive all the cases. The chief justice asked him to show the NAB references and copy of the agreement signed between Nawaz Sharif and the federation. But the NAB PGs replied he did not have these documents. The court asked him to take some time from the court and present those documents in the next hearing. Agha also requested that the court allow NAB to take all of the Sharif brothers assets into custody while the case was being investigated. Chief Jusitce asked the prosecutor general that how could assets of anyone be taken into custody until the reference against that person was presented in the court. The case was adjourned till third week of January The NAB under Article 185(3) of the constitution has filed an appeal against the impugned judgment of the Division Bench of the Lahore High Court (LHC). The LHC on 4-11-2011 ordered for the release of Sharif familys properties surrendered by them to NAB in lieu of fine imposed by the Accountability Court, Attock Fort and Anti-Terrorism Court (ATC), Karachi. The Accountability Court, Attock Fort on 22-7-2000 and ATC, Karachi on 7-4-2000 convicting Nawaz Sharif had imposed fine. The conviction and sentence by ATC, Karachi, was affirmed by Sindh High Court but was set aside by the Supreme Court on 17-7-2009. Three cases Hudaybia Paper Mills, Ittifaq Foundries and Assets reference were framed against Nawaz Sharif and his family members after dislodging of his elected government in 1999 in year 2000. Muhammad Sharif, Nawaz Sharif, Shahbaz Sharif, Abbas Sharif, Hussain Nawaz, Hamza Shahbaz Sharif, Mrs Shamim Akhtar (Mother of Nawaz Sharif), Mrs Sabiha Abbas, Mrs Maryam Safdar and former Federal Minister Ishaq Dar were the accused in these references. The NAB filed the appeal that the judgment of LHC division bench is perverse, unwarranted, not sustainable in law and liable to be set aside by the apex court. The NAB petition stated that the LHC division bench has erroneously held that there was no agreement/settlement between Nawaz Sharif and the federal government and ignored the honourable courts judgment PLD 2007 SC 624, which clearly proves the existence of such an agreement. Therefore, the findings on this issue by the division bench are incorrect and erroneous. It said, the LHC could not decide the writ petition without impleading federation as a respondent, which was a necessary party in the write petition. The LHC could not decide the writ petition without first disposing of the miscellaneous application and without giving adequate opportunity of hearing to the petition. The High Court has illegally imposed compensatory costs of Rs150,000 per petition without realising that there was no evidence of actual loss caused to the petitioner.

ePaper - Nawaiwaqt