SC to hear pleas of Mansur, NAB

Published May 11, 2005

ISLAMABAD, May 10: The Supreme Court on Tuesday decided to hear a review petition of former naval chief Mansurul Haq along with an appeal of the National Accountability Bureau (NAB) against his acquittal.

“The review petition is directed to be heard alongwith the appeal of NAB, to avoid conflicting judgments,” a three-member bench comprising Justice Sardar Muhammad Raza Khan, Justice Muhammad Nawaz Abbasi and Justice Tassadduq Hussain Jillani said.

The date for the next hearing will be fixed later.

Representing Mr Haq, senior advocate Akram Sheikh had earlier requested the bench to hear his review petition and the NAB’s appeal together. Quoting an international law concerning plea bargains, the counsel also said that the prosecution had lost its right to prosecute his client after accepting his plea bargain.

The Rawalpindi accountability court had released Mr Haq approving the plea-bargain deal between him and the NAB which required him to pay $7.5 million to the government. Mr Haq, accused of receiving kickbacks and commissions from defence contractors, was stripped of his military ranks and awards by the president.

The deal authorized the NAB to forfeit any amount over and above $7.5 million, if found to be maintained by Mr Haq in any account anywhere in the world.

Soon after his release, NAB re-arrested the ex-naval chief after filing a second corruption reference before a Karachi court for receiving kickbacks as head of the Pakistan National Shipping Corporation.

Subsequently, Mr Haq moved the Supreme Court on the grounds that he had been re-arrested in contravention of the plea bargain. The apex court did not accept his plea and instead directed him to agitate the issue before the trial court.

Mr Haq instituted a review petition before the Supreme Court stating that the acceptance of the plea bargain did not warrant filing of a second reference.

The Karachi accountability court acquitted Mr Haq, a decision endorsed by the Sindh High Court (SHC). Consequently, NAB challenged the SHC decision before the apex court.

Mr Haq was forced to retire prematurely as naval chief in April 29, 1997 when he was first accused of receiving kickbacks and commission by the then Ehtesab Bureau.

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