NAB challenges Hamza bail order before SC


ISLAMABAD – The National Accountability Bureau (NAB) on Friday moved an appeal before the Supreme Court of Pakistan and challenged the Lahore High Court (LHC) verdict granting post-arrest bail to PML-N leader Hamza Shehbaz in Ramzan Sugar Mills.

The NAB filed the appeal against the LHC order dated 06-02-2020 and prayed to set aside the LHC verdict and cancel the post-arrest bail granted to Hamza Shehbaz

In its appeal the NAB argued that the LHC has made an error by not considering the cardinal principle of criminal law as envisaged under the provision of Section 9(b) of National Accountability Ordinance, 1999. It further contended that the LHC erred in not appreciating the specific provision of ouster of jurisdiction (section 9(b), NAO) enacted in the special statute wherein specifically it is promulgated that all offences of NAO, 1999 shall be non-bailable.

It maintained that the high court has not appreciated the settled proposition of law that questions of facts cannot be raised in the constitutional jurisdiction and that no court shall have jurisdiction to grant bail to any accused of any offence under the Ordinance.

The bureau also said that seeking suspension of order by filing writ petition and by trying to achieve the object as set out in the appeal is not permissible under this jurisdiction as it come into action when there is no other adequate or efficacious remedy. Therefore the writ petition was not maintainable, the NAB asserted.

The NAB further submitted that the LHC has not appreciated the evidence available in record in its true perspective which resulted in grave miscarriage of justice and has prejudiced the case of the prosecution.

It was February 6, 2020 when the Lahore High Court granted Hamza Shehbaz post-arrest bail.

According to the NAB, it received a complaint that in 2015 the Punjab government released Rs360 million for drainage scheme of local abadis in District Chiniot, which was misused and utilized for construction of 9-10 km waste water course of Ramzan Sugar Mills Ltd Chiniot, fraudulently showing it drainage scheme for local abadis.

The anti-graft watchdog added that on receipt of the complaint the NAB initiated inquiry against Mian Muhammad Shehbaz Sharif, his sons including Hamza Shehbaz, Ramzan Sugar Mills, secretaries concerned and others on the allegation of corruption and corrupt practices.

 

It maintained that the investigation revealed that Mian Shehbaz Sharif as CM Punjab misused his authority to provide illegal advantage to Ramzan Sugar Mills, his son Hamza Shehbaz being the CEO/Director of the Mills.





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