• Says PML-N leader has been attacking state institutions
• Move proves bureau has become ‘frontline political player’, according to ex-PM

LAHORE: The National Accountability Bureau (NAB) has moved the Lahore High Court (LHC) seeking cancellation of the post-arrest bail granted to Pakistan Muslim League-Nawaz vice president Maryam Nawaz in the Chaudhry Sugar Mills case.

The NAB, in its petition, argued that Ms Nawaz had been flouting and misusing the concession of bail by continuously attacking the state institutions through political speeches and social media. It stated that the respondent was involved in anti-state propaganda supporting the nefarious designs of the enemies of Pakistan.

The PML-N termed the petition “frivolous” and an effort to silence Ms Nawaz and deprive her of the constitutional right of the freedom of expression.

Speaking at a news conference in Islamabad, PML-N senior vice president Shahid Khaqan Abbasi and information secretary Marriyum Aurangzeb expressed the hope that the court would not only “dismiss” the petition, but it would also impose a fine on the bureau for wasting that court’s time through a “frivolous” petition.

A two-judge bench had released Ms Nawaz on Nov 4, 2019 on bail with a directive to surrender her passport to the registrar office of the court to show her bona fide as the anti-graft watchdog suspected she could flee the country.

In its petition, the NAB alleged that the respondent had chosen a path of attacking the state institutions and tried to cause friction in the rank and file of armed forces and was also inciting the general public against them by publicly attacking them and the heads of other institutions.

As per legal experts, the grounds of “anti-state” activities and “attack” on the institutions taken by the anti-corruption watchdog against Ms Nawaz for cancellation of her bail in a case of alleged corruption were unprecedented.

The NAB argued that the conduct of the respondent attracted specific grounds to seek cancellation of post-arrest bail.

The petition pointed out that the bureau issued a call-up notice to Ms Nawaz on Jan 10, 2020 to complete investigation and sought documents from her about the sugar mills case but she did not provide the same and relied upon a vague, self-serving and malicious reply just to jeopardise the proceedings against her.

Later, the NAB issued another call-up notice to the respondent for Aug 11, 2020 but on that date the bureau alleged she deliberately hampered the proceedings by using her political workers and created a law and order situation. Her party workers, according to the petitioner, attacked the police team and tried to break the barriers placed outside the NAB office. The police concerned took cognisance of the incident and a case was registered against the perpetrators.

The NAB asked the court to withdraw the impugned order of the bail granted to the respondent as it was a settled principle of law that if an accused person misused the concession of bail then by stretch of imagination the accused person could not be allowed to remain on bail.

Ex-PM Abbasi criticising the NAB move said when the state institutions and the government had the powers and laws to take action against someone maligning them, then what was the need for the anti-graft watchdog to come for the defence of the government and those state institutions. He said the petition had no arguments about the case in which she had been granted the bail.

Mr Abbasi had nominated incumbent NAB chairman Javed Iqbal when he was the prime minister. It seemed that either the NAB chairman had not seen the petition or he was not in the knowledge of country’s laws in this regard, he said and hastened to add how this was possible when the NAB chief had been a Supreme Court judge.

“When the government and the state institution have no problem (with Ms Nawaz’s statements), why the NAB chairman is concerned over it?” he asked.

The institution that has “terrorised whole Pakistan” and “crippled the government” was trying to cripple Ms Nawaz, he alleged.

The PML-N leader said the petition was yet another proof of NAB-government nexus as the bureau with its actions proved that it was used for political engineering in the country so much that it had become a “frontline political player”.

A two-judge bench comprising Justice Sardar Muhammad Sarfraz Dogar and Justice Asjad Javed Ghural would take up the petition on Monday.

The court in its bail granting order had observed that the “bail cannot be withheld as a punishment.” In addition to surety bonds, the court had also directed Ms Nawaz to deposit Rs70 million and her passport with the deputy registrar (judicial) of the LHC to show her bona fide.

On Aug 8, 2019, the NAB arrested Ms Nawaz when she went to Kot Lakhpat jail to see her incarcerated father. The opposition party leader remained in NAB’s custody till Sept 25, 2019 before being remanded to jail by the trial court.

Published in Dawn, March 14th, 2021