Apex court tell NAB: Treat all accused equitably, says Supreme Court

ISLAMABAD: The Supreme Court (SC) Friday sought a comprehensive report from the Accountability Court-II, Lahore on its formula to deal with the pending cases.

A three-member bench, headed by Justice Mushir Alam, heard a petition of Hamza Shahbaz, seeking post-arrest bail in a money-laundering and assets beyond means of income case. Justice Sardar Tariq Masood and Justice Yahya Afridi were the other members of the bench.

Justice Mushir Alam observed that the facts surfaced in the case so far were shameful but they did not want to pass any observation, as the case was in the trial stage. Prosecutor National Accountability Bureau (NAB) Imranul Haq submitted that in pursuance of the court’s last order, details of cases pending with the Accountability Court-II Lahore had been submitted.

Justice Yahya Afridi observed that there were 46 cases pending with the accountability court, while the case of Hamza Shahbaz was at serial No 44. The judge recalled that the Supreme Court had already passed an order for conduct of NAB cases on a daily basis.

“The court should be informed as to when the Accountability Court Lahore will conclude the trial of Hamza Shahbaz,” the judge asked the prosecutor. Justice Yahya Afridi observed that it was improper to detain the accused till the conclusion of trial and it was also unfair to take up new cases for trail, ignoring the old cases.

“if an accused fails to appear before the court, the anti-graft body should approach the court for cancellation of his bail,” Justice Afridi remarked. Azam Nazir Tarar and Amjad Pervez, counsel for Hamza Shahbaz, told the court that their client had been behind the bars for one year and seven months, adding that since 2003 cases had been pending against him with the Accountability Court-II.

NAB Prosecutor Imranul Haq told the court that the Accountability Court-II was taking up Hamza Shahbaz case twice a week. He submitted that the NAB courts were recording statements of 5 to 10 witnesses on a daily basis.

Justice Mushir Alam observed that they wanted equal treatment of all the accused, adding that any case fixed before the NAB court should be heard on a daily basis. The prosecutor submitted that with the establishment of 30 new accountability courts, the issue of backlog would resolve.

Meanwhile, the court sought a complete report on the formula adopted by the Accountability Court-II for hearing the pending cases and adjourned the case for two weeks. On Dec 8, 2020, the court had sought complete record from the Accountability Court-II on the pending cases.

The counsel for Hamza had submitted that his client was arrested on June 11, 2019 while a reference was filed against him in August 2020. Similarly, the counsel informed the court that his client was indicted on November 11, 2020.

Hamza Shahbaz had approached the SC for post-arrest bail in a money-laundering/ illegal assets reference. The Lahore High Court, in February last, denied bail to Hamza in the money-laundering case, but granted him bail in Ramzan Sugar Mills case.