ISLAMABAD – The National Accountability Bureau (NAB) on Monday filed areview petition before the Supreme Court on Wednesday regarding theHudaibiya Paper Mills reference, an appeal for reopening of which wasquashed.
The petition was filed as on Dec 15, a three-judge bench of the apex courthad rejected the bureau’s appeal to reopen the Rs1.2 billion HudaibiyaPaper Mills reference, accusing the Sharif family of having committed moneylaundering using their paper mill.
The petition was filed in line with the directives of the apex court asoutlined in the Panama papers case judgment by a five-member bench,however, the bench comprising Justice Mushir Alam, Justice Qazi Faez Isaand Justice Mazhar Alam Khan Miankhel rejected the appeal.
The Supreme Court’s detailed order regarding rejection of NAB’s appealstated that the case had been dismissed as the reference exceeded itsexpiry date observing that the reference was used to oppress the Shariffamily.
The 40-page appeal has been prepared by NAB’s special prosecutor ImranulHaq arguing that the apex court discarded the statement of former FinanceMinister Ishaq Dar on wrong premises as it was recorded before learnedMagistrate after the grant of pardon, by Chairman NAB; as required undersection 26 NAO1999.
It pleaded that the confession was made as per the prevailing practice ofrecording of statement of approver before Magistrate even in ordinarycriminal cases, although not required by specific provision of Cr.P.C.
“The reference to Sec 26(e) of NAO in paragraph No. 29 of the judgmentunder review may be reconsidered for the reasons that; Sec 26 of NAO 1999contains two part; the first part of sec 26 (a) (b) of NAO 1999, pertainsto tender of the pardon by Chairman NAB and recording the statement beforehim. The second part i.e Sec 26 (d) (e) of NAO 1999 pertains to examinationof approver during trial and in case of resiling from conditions of pardon,the proceeding against approver at subsequent trial,” the petition states.
“That in the original text of Ordinance XVIII of 1999, NationalAccountability Bureau Ordinance 1999, pardon was / is completed withinSection 26(a) of NAO 1999 , whereas after the amendment made on 05-07-2000by virtue of Ordinance XXIV of 2000 pardon is/was completed within Section26(a)(b) of NAO 1999.(Clause (c) would not be relevant in the instantcase),” the petition argued.
The NAB has challenged, among other points of the detailed order, paragraph23 which states that former prime minister Nawaz Sharif and his brother,Chief Minister Shahbaz Sharif, were “subjected to intensive investigationand by those who would be considered inimical to them”.