IN a state where powerful individuals facing the prospect of accountability or court trials routinely find an excuse to travel abroad and not return, there are generally good reasons for prosecutors and courts to ensure the presence of the accused in the country. There is also a possibility, however, of the Exit Control List being used to harass and put undue pressure on individuals who have fallen out of favour with the state. The National Accountability Bureau requesting the interior ministry to place Nawaz Sharif and family members facing accountability trials on the ECL is arguably a case of undue pressure and harassment. Mr Sharif and his daughter, Maryam Nawaz, had requested the accountability court to grant them an exemption from personal appearances until the first week of March. The reason given is to visit Mr Sharif’s wife, Kulsum Nawaz, who is undergoing medical treatment for a serious ailment in the UK. Until now, despite a flurry of rumours each time Mr Sharif and Ms Nawaz have left the country, they have appeared before the accountability court when required. While father and daughter have continued to stridently attack the judiciary and the judicial process against them, they have also complied with court orders every step of the way.

What has changed to prompt NAB to now seek the inclusion of the Sharif family on the ECL? Mr Sharif continues to tour the country, addressing rallies and preparing the PML-N base for the approaching general election. There is no indication that he intends to stop, which necessarily implies that he will return to the country after travelling to meet his ailing wife in the UK. Certainly, Mr Sharif and his family should not be accorded special treatment simply because they are a prominent political family. But neither should NAB act in a politicised manner. Prosecution should not become persecution. Indeed, given the controversial ouster of Mr Sharif from the prime ministership, it is all the more important that the accountability trials scrupulously adhere to the letter and spirit of the law. In the hyper partisan political environment in the country, even otherwise normal legal procedure tends to be interpreted as partisan concession. There are undeniable political ramifications of the accountability trials of Mr Sharif and his family. But the bitter experiences of the 1990s should not be repeated. NAB should focus on its prosecutions and allow the Sharifs to handle their family medical issues.

Published in Dawn, February 16th, 2018