ahlam1399
08-29-2017, 09:06 AM
https://www.thenews.com.pk/assets/uploads/akhbar/2017-08-29/l_226757_060344_print.jpg ISLAMABAD: The Awami Muslim League (AML) chief, Sheikh Rasheed Ahmed, on Monday requested the Supreme Court to issue directions to the National Accountability Bureau (NAB) to implement its own undertaking of filing an appeal against the verdict of the Lahore High Court quashing its reference filed in the Hudaibiya Paper Mills case.
Sheikh Rasheed Ahmed, one of the petitioners in the Panama case, filed a civil miscellaneous application (CMA) in his petition of Panama Papers case and the judgement delivered by the apex court on July 28.
He submitted that after the submission of the JIT report in the Panama Papers case, a categorical and unconditional undertaking was given before the apex court on the behalf of the National Accountability Bureau (NAB) on July 21 that the court would be informed within a week about the decision of filing an appeal against the learned High Court’s judgement, quashing the reference filed by NAB in Hudaibiya Paper Mills case and this was duly noted by the apex court at that time.
However, he said that in spite of passage of more than seven days from the date on which the unconditional undertaking was voluntarily given before the apex court, no appeal against the judgement of the learned High Court had been filed by NAB before the apex court.
He informed that upon the expiry of the seven-day period, he had sent a reminder to the anti-graft body, but it had failed to act. Similarly, Sheikh Rasheed Ahmed further said that NAB reportedly decided not to reopen the Hudaibiya Paper Mills Reference, and it was not going to file any appeal against the verdict of the Lahore High Court.
He further submitted that some of the newspaper reports based on sources privy to the development stated that NAB had decided not to open the Hudaibiya Paper Mills Reference on the ground that the Rawalpindi Bench of the Lahore High Court had restrained the accountability court from proceeding in the matter, and unless the Supreme Court suspends the High Court’s decision, it could not be opened under the law.
These news reports, if correct, reveal the mala fide of NAB, its chairman and the prosecutor general and other officials who are under a statutory obligation and duty under the NAB ordinance and are also bound to act impartially, Sheikh Rasheed Ahmed contended.
The AML chief also cited the paragraph 12 of the order dated July 28, 2017, passed in the Panama Papers case, authored by Justice Ejaz Afzal Khan.Its reads as: “The argument that the JIT overstepped its authority by reopening the case of Hudaibiya Paper Mills when Reference No 5 was quashed by the High Court does not appear to be correct as the JIT has simply made recommendations in this behalf which can better be dealt with by this court if and when an appeal before this court, as has been undertaken by the NAB special prosecutor, is filed and a view to the contrary is taken by this Court.”
The failure of NAB to timely file an appeal against the verdict of Lahore High Court with regard to Hudaibiya Paper Mills Reference, inter alia, constitutes a violation of fundamental rights of the petitioner as well as violation and breach of an express and unequivocal undertaking given to the apex court on July 21, 2017, on behalf of NAB to inform the court about the matter pertaining to filing of an appeal against the LHC judgement, Sheikh Rasheed Ahmed contended.
He further said that the failure of NAB to file an appeal against the LHC verdict also constitutes contumacious contempt of the apex court’s July 28 judgement in the Panama Papers case.The Hudaibiya Paper Mills were allegedly used as a cover by the Sharif family to launder money outside the country in the 1990s. It was in relation to this case that the Sharif family’s trusted aide, Ishaq Dar, recorded a confessional statement on April 25, 2000, in front of a magistrate in Lahore. Mr Dar, however, later on claimed that he had made the ‘confession’ in duress and disowned the statement.
Later on, NAB filed a reference before the accountability court in the Hudaibiya Paper Mills case on the basis of Mr Dar’s confessional statement. The reference was, however, quashed on March 11, 2014, by the Lahore High Court on a writ petition, filed in 2011.
Sheikh Rasheed Ahmed prayed to the apex court to direct NAB to implement its own undertaking of filing an appeal against the verdict of the Lahore High Court quashing its reference filed in the Hudaibiya Paper Mills case.
In the event of refusal or failure to act upon the said undertaking by NAB, its chairman, the prosecutor general accountability or any other concerned officials or of refusal or failure to comply with any directions of the apex court, proceedings of contempt may graciously be initiated against all concerned officials and formal direction to file the said appeal may also be issued, Sheikh Rasheed Ahmed further prayed.
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Sheikh Rasheed Ahmed, one of the petitioners in the Panama case, filed a civil miscellaneous application (CMA) in his petition of Panama Papers case and the judgement delivered by the apex court on July 28.
He submitted that after the submission of the JIT report in the Panama Papers case, a categorical and unconditional undertaking was given before the apex court on the behalf of the National Accountability Bureau (NAB) on July 21 that the court would be informed within a week about the decision of filing an appeal against the learned High Court’s judgement, quashing the reference filed by NAB in Hudaibiya Paper Mills case and this was duly noted by the apex court at that time.
However, he said that in spite of passage of more than seven days from the date on which the unconditional undertaking was voluntarily given before the apex court, no appeal against the judgement of the learned High Court had been filed by NAB before the apex court.
He informed that upon the expiry of the seven-day period, he had sent a reminder to the anti-graft body, but it had failed to act. Similarly, Sheikh Rasheed Ahmed further said that NAB reportedly decided not to reopen the Hudaibiya Paper Mills Reference, and it was not going to file any appeal against the verdict of the Lahore High Court.
He further submitted that some of the newspaper reports based on sources privy to the development stated that NAB had decided not to open the Hudaibiya Paper Mills Reference on the ground that the Rawalpindi Bench of the Lahore High Court had restrained the accountability court from proceeding in the matter, and unless the Supreme Court suspends the High Court’s decision, it could not be opened under the law.
These news reports, if correct, reveal the mala fide of NAB, its chairman and the prosecutor general and other officials who are under a statutory obligation and duty under the NAB ordinance and are also bound to act impartially, Sheikh Rasheed Ahmed contended.
The AML chief also cited the paragraph 12 of the order dated July 28, 2017, passed in the Panama Papers case, authored by Justice Ejaz Afzal Khan.Its reads as: “The argument that the JIT overstepped its authority by reopening the case of Hudaibiya Paper Mills when Reference No 5 was quashed by the High Court does not appear to be correct as the JIT has simply made recommendations in this behalf which can better be dealt with by this court if and when an appeal before this court, as has been undertaken by the NAB special prosecutor, is filed and a view to the contrary is taken by this Court.”
The failure of NAB to timely file an appeal against the verdict of Lahore High Court with regard to Hudaibiya Paper Mills Reference, inter alia, constitutes a violation of fundamental rights of the petitioner as well as violation and breach of an express and unequivocal undertaking given to the apex court on July 21, 2017, on behalf of NAB to inform the court about the matter pertaining to filing of an appeal against the LHC judgement, Sheikh Rasheed Ahmed contended.
He further said that the failure of NAB to file an appeal against the LHC verdict also constitutes contumacious contempt of the apex court’s July 28 judgement in the Panama Papers case.The Hudaibiya Paper Mills were allegedly used as a cover by the Sharif family to launder money outside the country in the 1990s. It was in relation to this case that the Sharif family’s trusted aide, Ishaq Dar, recorded a confessional statement on April 25, 2000, in front of a magistrate in Lahore. Mr Dar, however, later on claimed that he had made the ‘confession’ in duress and disowned the statement.
Later on, NAB filed a reference before the accountability court in the Hudaibiya Paper Mills case on the basis of Mr Dar’s confessional statement. The reference was, however, quashed on March 11, 2014, by the Lahore High Court on a writ petition, filed in 2011.
Sheikh Rasheed Ahmed prayed to the apex court to direct NAB to implement its own undertaking of filing an appeal against the verdict of the Lahore High Court quashing its reference filed in the Hudaibiya Paper Mills case.
In the event of refusal or failure to act upon the said undertaking by NAB, its chairman, the prosecutor general accountability or any other concerned officials or of refusal or failure to comply with any directions of the apex court, proceedings of contempt may graciously be initiated against all concerned officials and formal direction to file the said appeal may also be issued, Sheikh Rasheed Ahmed further prayed.
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