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NAB submits reply in IHC against Nawaz's petition

By Saqib BashirPublished: February 12, 2019

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Former prime minister Nawaz Sharif. PHOTO: REUTERS/FILE

Former prime minister Nawaz Sharif. PHOTO: REUTERS/FILE

ISLAMABAD: The National Accountability Bureau (NAB) in its reply to the Islamabad High Court
(IHC) on Tuesday against former prime minister Nawaz Sharif’s suspension appeal prayed the
court to dismiss a petition seeking suspension of the ousted premier’s prison sentence till the
court reaches a verdict on the case.

NAB declared the petition redundant and stated, “In the instant matter it is admittedly and
evidently submitted that the instant constitution petition is the second petition to an earlier writ
petition bearing no 32 of 2019 which has been filed with identical prayer that of the instant
constitution petition and after hearing arguments in the honourable court has fixed for hearing
the same on 18-02-2019 along with the main appeal under section32 of NAO, 1999 instituted by
the petitioner.”

NAB to contact Interpol for extradition of Nawaz’s sons, Dar

Quoting the provisions of Section 10 of the Civil Procedure Court,1907, the response further
added, “No court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between some parties, or
between parties under whom they or any of them claim litigating under the same title where
such a suit is pending in the same or any other court in [Pakistan] having jurisdiction to grant the
relief claimed, or in any court beyond the limits of [Pakistan] established or continued by the
central government and having like jurisdiction or before the [Supreme Court].”

In addition, Section 9a of NAO, 1999 is also mentioned that particularly deals with public office
holders and corrupt practices along with Section 9b of the same, whereby it states that “all
offenses under Section 9 of the NAO are non-bailable and no court shall have the jurisdiction to
grant bail even to an accused in custody.”

The response offers detailed law based reasoning and quotes other cases where bails were
granted to the accused if the decision on the case in question was delayed more than a certain
time and remaining in custody was becoming torturous for the accused.

Govt urged to place Nawaz under specialist care

NAB was quick to point out that “before admitting an accused person to bail on the ground of
hardship caused by a shocking unconscionable or inordinate delay a High Court or this court also
looks for the reasons for the delay and if some significant or noticeable part of the delay is found
to be attributable to the accused person then the relief of bail is withheld from him.”

The response maintains that there are no unnecessary delays in the case which may warrant the
suspension of Nawaz’s sentence and hence deems that the instant constitution petition “merits
dismissal”.

According to the detailed document the previous writ petition did not contain the medical
grounds “and thus cannot be referred to by virtue of the provisions of Order-II rule 2 of the Code
of Civil Procedure (CCP) 1908.”

The NAB response concluded by praying the court to dismiss the petition and declared it
“neither maintainable nor competent”.