ISLAMABAD: The Pakistan Peoples Party (PPP) has slammed the National Accountability Bureau (NAB) for asking the Supreme Court to expunge remarks against former military ruler retired Gen Pervez Musharraf from its judgement in the Hudaibya Paper Mills case.

Former Senate chairman and PPP leader Mian Raza Rabbani on Tuesday said: “It is a matter of great concern and bewilderment that NAB asked the Supreme Court of Pakistan to expunge observations from its Jan 5 judgement concerning Gen Musharraf. This action of NAB speaks volumes about its mindset and is condemned.”

In a statement, he said observations made in the sixth paragraph of the judgement were a narration of historical facts in terms of actions taken by Gen Musharraf in Oct 1999.

“This mindset of NAB… reflects on its ability to pursue across-the-board accountability; perhaps such a mindset is in the way of investigation not proceeding in matters in which retired officers of the armed forces are involved,” the senator remarked.

On Jan 5, a three-judge apex court bench — comprising Justice Mushir Alam, Justice Qazi Faez Isa and Justice Mazhar Alam Khan Miankhel — had rejected NAB’s appeal against the 2014 Lahore High Court order quashing the Hudaibya Paper Mills reference.

In its review petition, NAB had requested the court to expunge paragraphs 6, 23, 27 and 32 from the Hudaibya judgement by arguing that they seemed to be superfluous and irrelevant.

In paragraph 6 of the judgement, the apex court had recalled how Gen Musharraf ousted the democratically elected government on Oct 12, 1999, as the then army chief and proclaimed emergency on Oct 14, putting the Constitution in abeyance.

Just a month after assuming power, Gen Musharraf had enacted the National Accountability Ordinance 1999 and appointed a serving general, Gen Syed Muhammad Amjad, to head NAB, the judgement had stated.

The Supreme Court, while rejecting the NAB’s plea for review on Monday, wondered why the anti-graft watchdog was seeking to expunge observations from its Jan 5, 2018, judgement that concerned former president Gen Musharraf.

“Why do you want to get these paragraphs expunged? Is there anything wrong with mentioning Gen Musharraf for ousting a democratically elected government and was it not a fact that trial against former prime minister Nawaz Sharif took place at the Attock Fort,” Justice Isa had said.

“No ground for review is made out,” observed Justice Alam before dismissing the review petition.

Published in Dawn, October 31st, 2018

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