Home Global Village NAB files review petition against SC for rejecting to reopen Hudaibiya case

NAB files review petition against SC for rejecting to reopen Hudaibiya case

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News Analysis |

The National Accountability Bureau (NAB) on Monday filed a review petition against the Supreme Court (SC)’s rejection of reopening the Hudaibiya Paper Mills case. The apex court had earlier on 15th December rejected the opening of the case stating that it was inadmissible because its deadline had expired. The 40 page review petition was filed by the NAB prosecutor general Imranul Haq.

The SC had earlier rejected the charges by terming them as politically motivated. The apex court had rejected NAB’s appeal to open the Hudaibiya case, stating that the reasons presented by the prosecution are the same as stated in the Panama Papers case and the prosecution failed to present any new reasons.

The prosecutor general of NAB insists that the court overlooked many clauses of the petition, they appear confident that the case can be reopened which can be observed from their undeterred efforts of filing petitions with the Supreme Court.

The court also corrected the anti-graft watchdog clearing that neither the Panama Papers case nor Justice Asif Saeed Khosa ordered the filing of Hudaibiya Paper Mills reference in NAB. The SC also reprimanded NAB for delaying the filing of the references. The larger bench demanded the reasons why NAB had waited so long to file the references.  NAB didn’t attach the reference of Ishaq Dar’s statement to the petition, they only attached the plea.

Read more: Justice Khosa excuses himself from Hudaibiya case & sets a standard…

“In this case we have come to the painful conclusion that respondents 1 to 9 were denied due process. The legal process was abused by keeping the reference pending indefinitely and unreasonably. The said respondents were denied the right to vindicate themselves. The reference served no purpose but to oppress them. We have also noted with grave concern the lack of commitment and earnestness on part of NAB at the relevant time,” the court stated.

It appears highly unlikely that the SC will allow reopening of the case after it explicitly stated the details of its rejection on 5th January 2018. NAB is adamant to reopen the case and Pakistan Tehreek-i-Insaf (PTI) legislators are assisting them in the process.

PML-N chief Nawaz Sharif was disqualified by the Supreme Court on 28th July 2017 and three graft references were filed against him in the accountability court on SC’s orders. Following the corruption references, NAB sought to open the 2000 Hudaibiya Mills case. This case was closed in 2011 after LHC dismissed it by stating that the witnesses recorded their statements under pressure.

Read more: Chief Justice defends Hudaibiya Paper Mills decision

NAB tried to reopen the case in 2014 but the LHC dismissed the petition and ended the case. Hudaibiya Paper Mills case is a money laundering case in which the Sharif family allegedly laundered 1.2 billion rupees which were obtained through illegal and fraudulent means. It appears highly unlikely that the SC will allow reopening of the case after it explicitly stated the details of its rejection on 5th January 2018.

NAB is adamant to reopen the case and Pakistan Tehreek-i-Insaf (PTI) legislators are assisting them in the process. The prosecutor general of NAB insists that the court overlooked many clauses of the petition, they appear confident that the case can be reopened which can be observed from their undeterred efforts of filing petitions with the Supreme Court.


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