LAHORE: The Lahore High Court on Wednesday extended pre-arrest interim bail of Leader of Opposition in Punjab Assembly Hamza Shahbaz in multiple inquiries pending against him with the National Accountability Bureau (NAB).

During a prolonged hearing, the bureau’s special prosecutor told a two-judge bench that all the required details including reasons for his arrest had been furnished to the petitioner. He said the court had the privilege whether to extend the relief of bail to the petitioner.

Hamza also appeared before the bench comprising Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem.

Representing the opposition leader in the money laundering inquiry, Advocate Salman Aslam Butt argued that the prosecution had not provided them an authority letter issued by the NAB chairman for the initiation of the inquiry.

Referring to several judgments of the Supreme Court, the counsel said no inquiry could be launched unless approved by the bureau’s chairman. He said the petitioner had a legitimate right to know the reasons cited by the chairman before allowing the inquiry.

The prosecutor stated that the reasons given for the arrest of the petitioner had been the grounds for the initiation of the inquiries. He pointed out that Hamza received a hefty amount of Rs2.11 billion from his brother Salman Shahbaz and other members of the family. He said Hamza and Salman established nine industrialist units in 2008. He said the petitioner failed to justify foreign remittances while his brother Salman escaped abroad after the NAB started interrogating him.

The prosecutor further stated that frontmen of Shahbaz Sharif’s family namely Mushtaq Cheeni, Fazal Dad Abbasi and Syed Tahir Naqvi arrested by the NAB had confessed to laundering money for the petitioner and his family. He claimed that persons of low income like shopkeepers and road vendors had been shown by the petitioner as sender of foreign remittances.

Advocate Butt argued that a report of the Financial Monitoring Unit (FMU) was the basis of the case but the NAB had not been furnishing it to the petitioner. “I have legal grounds to challenge the claim of the NAB to keep the FMU report secret,” the counsel added.

The prosecutor said he possessed the classified report and could present it for the disposal of the court.

The petitioner’s counsel argued that the NAB had been invoking multiple laws in the case including the Anti Money Laundering Act (Amended) 2017 whereas it was bound to work under its ordinance only. He said the bureau had no jurisdiction to hold investigation in a money laundering case if there was a report of the FMU.

He said the NAB could not even arrest the petitioner without the permission by a judicial magistrate concerned.

Answering a court’s query, Advocate Butt said he could refer to at least three cases represented by him wherein the NAB chairman gave his opinion for initiation of the inquiries. However, the prosecutor said the chairman could issue his opinion if deemed necessary to initiate proceedings against any person under section 18 (c) of the NAB ordinance.

He said the prosecution was authorised to hand over the entire record to the petitioner except the report of the FMU.

Justice Najafi observed that prima facie the NAB had been exercising more than one law in the case.

The counsel further argued that the anti-money laundering law envisaged provision of classified documents to an accused within seven days. However, he said in the instant case the bureau had been in a deep slumber for the last 12 years.

“Where have they (NAB) been for twelve years,” the counsel reiterated.

“We are not the chairman of the NAB,” Justice Najafi reminded the counsel in a lighter vein.

Mr Butt said even he was not calling the bench the NAB chairman. He complained that the NAB damaged the reputation of his client by accusing him of money laundering. Justice Najafi said “it will make you popular”.

The bench reserved its decision on the point whether the NAB was bound to supply classified document to an accused and extended bail of Hamza till May 27.

Strict security arrangements had been taken in and outside the high court before the arrival of Hamza Shahbaz and political workers were kept away from the courtroom.

The NAB initiated inquiries against the opposition leader in the Ramzan Sugar Mills, Punjab Saaf Pani Company, assets beyond means and money laundering cases.

Published in Dawn, May 23rd, 2019