Daily Times

ISLAMABAD: Awami Muslim League (AML) chief Sheikh Rasheed Ahmad filed a petition in the Supreme Court on Monday against the National Accountability Bureau (NAB), contending that it had failed to file an appeal against the Lahore High Court (LHC) verdict of closing Hudaibiya Paper Mills case, in accordance with the apex court verdict in Panama Papers case.

The petitioner submitted that NAB’s lawyer had assured the court on July 21, 2017, during the hearing of Panama Papers case that he would file an appeal within a week, challenging the LHC verdict to close the Hudaibiya Paper Mills case, and that the case would be reopened.

However, he pleaded that the NAB had not acted upon its ‘voluntary undertaking’ in the court by not filing an appeal against the LHC verdict, which amounted to a contempt of court.

He recalled that during the Hudaibiya Paper Mills reference, Finance Minister Ishaq Dar had confessed to his involvement in laundering $14.86 million (about Rs 1.2bn) for the Sharif family in a statement submitted before a magistrate on April 25, 2000, on the basis of which he was pardoned in the case.

The petition states that the statement of NAB’s lawyer was part of Supreme Court verdict in the Panama Papers case, in which the judges had ordered the anti-graft body to file a reference and restart an investigation of the case.

Sheikh Rasheed, in his petition, stated that he had sent the NAB a reminder notice after seven days, however, it did not reply and failed to act.

Referring to media reports, he claimed that the NAB had apparently decided not to file an appeal for reopening of Hudaibiya Paper Mills reference. He alleged that the NAB was acting in favour of former prime minister Nawaz Sharif, his family and Ishaq Dar.

He requested the court to ensure that its order regarding the NAB probe was implemented. The petition states that if the case was not reopened by the NAB, money laundering in the country would be strengthened.

Meanwhile, Sheikh Rasheed Ahmad also sent a letter to NAB chairman, saying that failure to comply with the SC’s order ‘exposes the bureau to contempt of court’ and demanded an answer of the bureau.

“I hereby call upon you, as a petitioner in the case, to let me know when you are filing a requisite appeal, otherwise, I will be constrained after seven days to prosecute you for the grossest and contemptuous arduously deceptive undertaking you dubiously and hideously gave,” the letter states, adding that the NAB would be ‘squarely responsible’ for all costs and damages in the process.

The Supreme Court in its July 28 verdict in Panama Papers case had questioned the role of the NAB chairman, who had seemingly favoured the Sharifs in the Hudaibiya Paper Mills case by not challenging the LHC decision to close the reference.

“NAB did not challenge that judgement before the Supreme Court through any petition or appeal as NAB chairman had been appointed by (Nawaz Sharif) himself and, therefore, he had returned the favour by not filing any petition or appeal in that case against Mr Sharif and others. NAB chairman had failed in due performance of his duty in that regard,” the Supreme Court verdict in Panama Papers case maintained.

Meanwhile, talking to the media outside the apex court, Sheikh Rasheed said rumours were circulating that another NRO (National Reconciliation Order) was being prepared. “Attempts are being made to save people’s assets,” he claimed.

Referring to government’s potential moves to amend the constitutional clauses after the disqualification of Nawaz Sharif as prime minister under Article 62 of the constitution, he said that as long as this assembly was in place, articles 62 and 63 were not going anywhere. He said JUI-F chief Maulana Fazlur Rehman had also expressed support for articles 62 and 63 to remain intact.

The Hudaibiya Paper Mills was 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.

On the basis of that confession, a reference was filed by the NAB before an accountability court against the Hudaibiya Paper Mills, the Sharif brothers, Ishaq Dar and others.

That reference was struck down by the Lahore High Court on March 11, 2014, in response to a writ petition filed in 2011. Dar had claimed that he had made the ‘confession’ in duress and disowned the statement.

Published in Daily Times, August 29^th 2017.