KARACHI, Aug 25: A division bench of the Sindh High Court would take up on Aug 28 Mansurul Haq’s constitutional petition challenging the fresh reference instituted against him by NAB authorities, despite a plea bargain.
The petition was filed by his counsel Iqtidar Ali Hashmi after he had requested a division bench to stop proceeding on his petition for enlargement of his client on bail in the reference which he termed illegal and based on malafide intentions.
The petitioner has prayed for declaring that filing of fresh references against him, including reference No 25 of 2002 filed recently at Karachi by the National Accountability Bureau, illegal and without any legal force.
He also prayed for restraining the respondents from instituting any further inquiries /proceedings and references against him in view of the plea bargain settled before an accountability court at Rawalpindi in the reference No 43/20001 wherein more than double the amount alleged against the petitioner was paid.
It is also his prayer that compliance with the accountability court No III Rawalpindi Order of June 15, which envisages return of his assets as well as those of his relations, be ordered.
It is the petitioner’s case that institution of inquiries by the chairman of the Ehtesab Bureau, Saifur Rahman, in spite of firm commitments made by the then prime minister, Nawaz Sharif, who has asked the petitioner to resign, was absolutely against the ethical norms.
It is his case that in any case the plea bargain settlement in the earlier reference No 43/2001 wherein he had paid 7.5 million US dollars instead of 33, 69,383 US dollars the total amount alleged to have been taken as share of kickbacks and commission, in any other proceeding by way of reference or inquiries and allegations is illegal and without any force of law.
It was also against the firm assurances made by the NAB chairman personally, who at his own will had contacted the petitioner, for a plea bargain during pendency of the reference. It is his case that the statement of the highest functionary of NAB was recorded during the pendency of the plea bargain and, it was categorically stated by the Prosecutor-General Accountability (PGA).
