Court orders Shahbaz’s release

LAHORE: While the Lahore High Court (LHC) granted bail to Shahbaz Sharif in two very important cases, the Punjab provincial government also issued a notification about shifting of Nawaz Sharif to Jinnah Hospital from Kot Lakhpat jail.

Also, the same bench granted bail to former secretary implementation to the chief minister Fawad Hassan Fawad in the housing scheme scam, but denied him bail in another NAB reference of assets beyond means. Meanwhile, the LHC on Thursday granted bail to opposition leader in the National Assembly Shahbaz Sharif in Ashiana-e-Iqbal Housing Scheme and Ramzan Sugar Mills cases and ordered his immediate release.

A division bench, headed by Justice Malik Shahzad Ahmad Khan and comprising Justice Mirza Viqas Rauf, observed that the court would see the parameters set by the bureau for investigations as reasons behind the selective arrests did not seem logical.

Shahbaz was taken into custody by the National Accountability Bureau (NAB) Lahore in connection with the Ashiana Housing case on October 5, 2018 when he turned up before the bureau in the Saaf Pani case inquiry. The former Punjab chief minister was charged with the misuse of authority by unlawfully assuming the powers of the board of directors of the Punjab Land Development Company (PLDC) and awarding a contract to an ineligible proxy firm that resulted in the failure of the housing scheme. The scam caused a loss to the public exchequer and deprived 61,000 applicants of houses. It is also alleged that Shahbaz's directive to entrust the housing scheme project to the Lahore Development Authority from the PLDC and intervention in affairs of the company was a violation of the Companies Ordinance, Memorandum and Article of Association and Corporate Governance Rules 2013. The NAB had alleged that Shahbaz, through his unlawful acts and misuse of authority, caused a loss of Rs660 million to the exchequer and the overall project cost Rs3.39 billion.

The PML-N president underwent physical remand for 62 days as an accountability court on December 6, 2018 sent him on a judicial remand, rejecting a NAB request to extend his physical remand. During his physical and judicial remand, the opposition leader kept attending sessions of the National Assembly, following issuance of his production orders by the NA speaker. Later, he became the chairman of the Public Accounts Committee (PAC) and remained busy in Islamabad, chairing the PAC meetings.

The NAB told the court that Shahbaz, as chief minister of Punjab, had issued a directive for the construction of a drain in Chiniot primarily for the use of Ramzan Sugar Mills owned by his sons. It said Rs200 million were spent on it from the public money. Justice Shahzad asked whether other works apart from the drain were undertaken in the district. Shahbaz's lawyer Amjad Pervez gave details and a feasibility report pertaining to sewage and sanitation works in the area submitted to the court. He told the bench that the National Assembly and the cabinet had approved the development plan. "Work on a plan only begins once the assembly gives its approval," he said, adding the drain in question was constructed under a mid term development framework after approval from the provincial assembly and the cabinet. The counsel stated that the citizens of Chiniot benefited more from the drain as the sugar mills did not function the whole year. The court asked why the design of the drain was changed. “The earlier design was missing the populace of Jamaiabad,” Shahbaz’s counsel replied to the court query.

The NAB's Special Prosecutor Akram Qureshi argued that the details of development projects were not discussed in the assembly sessions as the members debated budget only. The bench observed that if this point of view of the NAB is accepted, no parliamentarian would ever launch development projects in his/her constituency. The bench further observed that Shahbaz had never been chief executive officer of the Ramzan Sugar Mills. “But his son Hamza owns the mills,” responded the prosecutor. The bench noted that the NAB in the bail petition of Hamza, the main beneficiary, had taken the plea that his arrest was not necessary as he was fully cooperating in the investigation. Regarding the Ashiana case, Advocate Tarar argued that Shahbaz was not the main suspect in the reference. The NAB implicated Shahbaz in a supplementary reference at a later stage.

Representing Fawad in the ‘illegal’ assets case, the defence counsel argued that the plaza in Rawalpindi being attributed to his client by the NAB was in fact owned by a company – FYC of his brothers and other family members. He pointed out that the plaza was constructed with a bank loan of Rs2 billion and the FBR had its complete record since 1995. Justice Mirza Waqas Rauf asked Fawad's lawyer how long he had been appointed to the chief minister Punjab's office. To which the lawyer replied that he had worked there from April 7, 2012 to 2013.

The NAB prosecutor stated that the inquiry against Fawad was initiated following an order by the Islamabad High Court on a complaint filed by a lawyer namely Khurram Qureshi in 2017. He said the complainant provided the bureau with evidence of five illegal properties owned by Fawad. He said the father of Fawad had retired from army as a non-commissioned officer and later served in the Forest Department. Fawad’s father had owned only one house measuring five Marlas in Rawalpindi, the prosecutor said and added there is a visible increase in the assets of the accused after 2014. The bench observed that the defence admitted the fact that the wife of the suspect was a shareholder in the FYC company. The value of the shares was Rs350 million, said the prosecutor, adding the suspect also purchased a company previously owned by Ali Jahangir Siddiqui, former ambassador to the US. He said Fawad violated the rules and worked in the Bank Al-Falah and the JS Bank during official leave. The suspect maintained seven personal bank accounts, 14 by his family members and a total of 48 Benami accounts were traced during the investigation, said the prosecutor. “Fawad being principal secretary to the prime minister and secretary implementation to the chief minister misused his authority and committed massive corruption,” the prosecutor concluded.

The bench reserved its verdict and reassembled after a while to announce that the bail of Shahbaz was allowed in both references –Ashiana and Ramzan Sugar Mills. The bench granted bail to Shahbaz in the two cases against surety bonds of Rs20 million each. The bench also allowed the bail petition of Fawad in the housing scheme reference but rejected it in the assets case.

On the other hand, the Punjab Home Department has approved special medical board's recommendation about shifting the former premier Nawaz Sharif from Kot Lakhpat jail to Jinnah Hospital Lahore for medical examination and treatment, The News has learnt. The provincial government issued a notification in this regard, also declaring a private ward of Jinnah Hospital Lahore, the sub jail, under Section 3 of the Prisons Act, 1984.

According to notification available with The News, “under the provisions of Rules 197 &173 of Pakistan Prisons Rule of 1978, the Government of Punjab is pleased to accord sanction for shifting of high profile NAB convicted prisoner, Mian Muhammad Nawaz from central jail Lahore to Jinnah Hospital for medical treatment.” In the notification, the Inspector General of Police Punjab Lahore was directed to make necessary security arrangements during the shifting and while being lodged at the Jinnah Hospital. The Capital City Police Officer, Lahore was directed to ensure foolproof security arrangements. It was pertinent to mention here that Deputy Inspector General of Prisons, Lahore had been directed to personally supervise the shifting process.

According to the notification, Sharif will stay in hospital till the doctors recommend so. The Home Department stressed that "foolproof security arrangements" be made during his shifting to the hospital and his subsequent stay.

Nawaz Sharif, meanwhile, expressed his hope that he would be able to secure bail by next Friday. He was quoted as saying this while meeting a number of PML-N leaders, who visited the Central Jail Kot Lakhpat on the weekly meeting day. Nawaz criticised Pakistan Tehreek-e-Insaf (PTI) government for taking credit for projects, initiated by Pakistan Muslim League-N (PML-N) government, claiming that the talks for Saudi investment in Pakistan and the aid package were finalised during his tenure. The former PM was quoted as claiming that Saudi Crown Prince Muhammad Bin Salman had agreed for investment and financial package to Pakistan with him, saying such matters took time to be settled. He was also quoted as saying that the health card and motorways were projects of the PML-N, while the incumbent government is taking credit after re-launching them. Nawaz was also quoted as saying that the NAB had to face embarrassment in cases against Shahbaz Sharif. He accused the accountability watchdog of probing development projects only in Punjab and not in Khyber-Pakhtunkhwa.

Besides Nawaz Sharif’s mother Shamim Begum and his daughter Maryam Nawaz, Capt (retd) Muhammad Safdar and a number of party’s senior leaders including Pervaiz Rashid, Mushahidullah Khan, Rana Tanvir, Pervaiz Malik, Amir Muqam, Talal Chaudhry, Muhammad Mehdi and others met him. Despite rain and a bit frosty weather, dozens of PML-N workers and supporters had gathered outside the jail. They showered rose-petals on the vehicle carrying Maryam Nawaz and chanted slogans in favour of Nawaz Sharif and Maryam Nawaz. Some PML-N workers also chanted slogans against Railways Minister Sheikh Rashid Ahmed and also set ablaze his photograph. Sh Rashid had been opposing the appointment of Shahbaz Sharif as chairman of the Public Accounts Committee. Nawaz is serving a seven-year jail term in Al-Azizia reference at Kot Lakhpat Jail.

Talking to reporters outside the Kot Lakhpat Jail, Talal Ch said the PTI government wanted to blackmail the PML-N in the name of “deal” and “NRO”. About NRO to PML-N quaid Nawaz Sharif , he said a “selected” PM could not grant someone a leave and questioned as to how the “selected” PM could offer an NRO. Talal Ch said the PTI, while realising that people are no more buying its narrative of labelling the opposition members as thieves and dacoits, it has started making hue and cry of a deal and NRO. He said the incumbent rulers used to express reservations over Nawaz Sharif’s relations with the rulers from the Arab world. The former PM always kept the national interest supreme. He said in case of Yemen, the former premier took the decision which was in the interest of Pakistan.

Talking to reporters, Amir Muqam said the PM House which was converted into a ‘University’ was once again converted into the PH House while almost double the amount was spent to rent the vehicles for the PM House (ahead of Saudi Crown Prince’s arrival) after selling the official vehicles.

Agencies add: Criticising former president General (retd) Pervez Musharraf, Nawaz said Musharraf made the NAB law keeping him in focus. He admitted that in the beginning they had no idea that NAB's law would be this dangerous. Responding to a question about his health the PML N leader said the government had made four health boards and all have confirmed my heart condition.

In response to another question about whether he would go home or to the hospital from the prison, Nawaz said: “Who wants to go to a hospital? When I saw the weather in the morning, I wanted to go to Malam Jabba,” he added. During his conversation with family members, Nawaz expressed concern over rising inflation and the prevailing gas crisis in the country.

Meanwhile, PML-N leader Mushahidullah Khan said the former premier is being punished for not compromising on principles. He added the PTI led government should be removed from power otherwise the country would go bankrupt.