SC says Hudaibiya reference used as tool to pressurise Sharif family

–Detailed verdict says ‘respondents were denied the right to vindicate themselves… the reference served no purpose but to oppress them’

–Judges say some media houses violated parameters of factual reporting while covering case

ISLAMABAD: The Supreme Court has declared that the National Accountability Bureau (NAB) had denied the Sharif family due process in the Rs1.2 billion Hudaibiya case, as it released the detailed verdict on the dismissal of the accountability watchdog’s appeal to restore the reference on Friday.

The reference, which pertains to alleged money laundering by members of the Sharif family including former prime minister Nawaz Sharif and brother Punjab Chief Minister Shehbaz Sharif, stems from a now-disowned confession by former finance minister Ishaq Dar.

“We have come to the painful conclusion that the respondents were denied due process. The legal process was abused by keeping the reference pending indefinitely and unreasonably, and the respondents were denied the right to vindicate themselves. The reference served no purpose but to oppress them,” the 36-page judgement by the three-judge bench headed by Justice Mushir Alam and comprising Justice Qazi Faez Isa and Justice Mazhar Alam Miankhel stated.

The judgement authored by Justice Qazi Faez Isa also noted with concern the lack of commitment and earnestness on part of NAB to pursue the case at the relevant time.

“NAB did not produce the accused in court neither did it seek to have charges framed against them. NAB did not examine a single witness, nor did it tender evidence. NAB also sought innumerable adjournments,” the detailed verdict says.

“Fortuitously for the accountability bureau, one learned judge permitted re-investigation into the matter, even though NAB had not requested it, and without giving any reason as to why he allowed it,” Justice Isa wrote.

“Under such circumstances, other than to procrastinate still further the agony of respondents, no purpose will be served to condone the unreasonable and unjustified delayed filing of the petition.”

The detailed judgement acknowledged “the manner in which Mr Imranul Haq, the learned Special Prosecutor, conducted the case. Though the brief entrusted to him was difficult he remained stoic and tenaciously persevered.”

The court also noted that whilst most media houses acted maturely and fairly reported the proceedings, there were some who violated the parameters of factual reporting, broadcasting and printing views of persons who were just interested in one particular outcome.

“The media should not deliberate on a case still under investigation, rather should only accurately report the proceedings,” the judges observed.

The Rs1.2 billion Hudaibiya Paper Mills case was initiated by NAB in 2000 but quashed by the LHC in 2014. The NAB had appealed the LHC decision in the Supreme Court.

The detailed judgement can be viewed below: