ISLAMABAD: The National Accountability Bureau (NAB) has been fined for the second time in about a month over frivolous litigation to delay the decision on petitions seeking release of former prime minister Nawaz Sharif, his daughter Maryam Nawaz and son-in-law retired Captain Mohammad Safdar.

On Monday, the Supreme Court slapped a fine of Rs2000 on NAB for filing a “frivolous” petition assailing the Islamabad High Court’s decision of proceeding with the Sharif family’s petitions seeking suspension of the sentence in the Avenfield properties reference.

A three-judge SC bench headed by Chief Justice Mian Saqib Nisar observed that “justice should not only be done but it should also be seen to be done”.

Last month, the IHC had imposed a fine of Rs10,000 on NAB for using delaying tactics and seeking unnecessary adjournment of the hearing on the Sharifs’ petitions.

Hearing petitions filed by Sharifs, high court judges express surprise over anti-corruption watchdog’s move

NAB prosecutor Akram Qureshi informed the apex court that the IHC bench instead of hearing appeals had taken up the petitions on an application filed by lead defence counsel Khawaja Haris.

Mr Haris had requested the IHC to hear the petitions first, saying that since the apex court had on Aug 27 directed the accountability court to conclude the pending references — Al-Azizia and Hill Metal Establishment and Flagship and other companies — within six weeks, it would not be possible for him to simultaneously argue the case before the trial court and the IHC. He had argued that since the appeals had a nexus with the trial, a decision would inevitably prejudice the right of the petitioner or the prosecution.

On Monday, the IHC bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb expressed their surprise and wondered how NAB could file the petition in the Supreme Court when the high court was yet to pass an order on the maintainability of the Sharifs’ petitions.

Justice Minallah remarked that the anti-corruption watchdog did not even oppose when the court commenced the proceedings on the petitions seeking suspension of the sentence awarded to the Sharif family members. In fact, he recalled, NAB prosecutors Akram Qureshi and Jahanzeb Bharwana had made a commitment that they would conclude arguments on Monday in an hour’s time.

When Justice Minallah asked the prosecution to advance arguments, NAB prosecutor Sardar Muzaffar Abbasi said the lead prosecutor was in the Supreme Court for arguments on the petition.

Sharifs’ counsel Haris informed the IHC bench that no stay order was granted on the NAB’s plea in the apex court and the bench should take up the petitions later in the day. He said the court had at least four times asked NAB about the future course of proceedings on the petitions seeking suspension of the sentence and yet the bureau had filed the petition in Supreme Court.

However, Justice Minallah adjourned the hearing till Tuesday (today) and stated in the order that “we expect NAB will conclude arguments tomorrow.”

Published in Dawn, September 18th, 2018