The Pakistan Cricket Board (PCB) has played down reports that a company based in the Isle of Man may seize assets owned by the Pakistan team currently in the United Kingdom (UK), as part of an old legal dispute between the firm and the Pakistan government.
A report quoted a letter from Broadsheet LLC to the Pakistan government in which it said it would “seize the assets of the Pakistani cricket team” because of longstanding dues owed to it by the government.
The PCB has been in touch with the Pakistan Embassy in the UK and is believed to have been satisfied that there is little prospect of this actually happening. That belief lies in the legal opinion that the Pakistan team is representative of the PCB, an autonomous body, and not of the Pakistan state or government, and so is not a party to the case or liable for the damages.
In the letter, Broadsheet says that the Pakistan team is “by the very nature, an asset of the defendant and that monies due to the team and assets of the team are assets of the defendant to the litigation”.
The legal dispute dates back to the early 2000s, when Broadsheet was hired by General (r) Pervez Musharraf, who was the head of state of Pakistan then, to trace out hidden assets of Pakistan nationals in foreign countries. Pakistan’s National Accountability Bureau (NAB) had signed an agreement with Broadsheet, which was eventually terminated in 2003. The termination had led to a legal dispute, one resolved in 2018, when an international arbitration court in London ruled in favour of Broadsheet, and established that the NAB was liable to pay damages. It is this payment that remains outstanding.
The letter quoted by the report was written by Broadsheet to Allen & Overy, the firm that represented the Pakistan government and the NAB in the case, and said that Broadsheet was owed “more than $33 million” after it won the arbitration.
ESPNCricinfo reached out to NAB for a comment, but the body has not confirmed or denied any threat to the cricket team’s equipment being seized.
The Pakistan team will play three Tests and three T20 International (T20I) matches against England, with the first Test scheduled to start on August 5 in Manchester. The final T20I will take place on September 1.
Lahore High Court (LHC) Chief Justice (CJ) Muhammad Qasim Khan on Friday dismissed controversial judge Arshad Malik from his post, Georeported.
According to reports, the decision was taken by the administration committee of the LHC, which was chaired by LHC CJ and attended by seven other senior judges, including justices Ameer Bhatti, Malik Shahzad Khan, Ayesha Malik, Shahid Waheed and Ali Baqar Najafi.
The career of the accountability court judge, who had sentenced former prime minister (PM) Nawaz Sharif to seven years in prison in the Al-Azizia Steel Mills reference, went down the hill after Pakistan Muslim League-Nawaz (PML-N) in 2019 released a video clip purportedly showing him admitting to a lack of evidence against the ousted former premier in the same case.
PML-N Vice President Maryam Nawaz had showed the video and read out its transcript at a press conference lasting more than an hour.
PML-N President Shehbaz Sharif, former PM Shahid Khaqan Abbasi, and other senior party leaders had accompanied Maryam at the press conference at the time.
The video purportedly showed the accountability court judge speaking to a PML-N worker named Nasir Butt and claiming that he was coerced to hand down the prison sentence against Nawaz despite there being no proof of corruption against the deposed premier.
PML-N leadership has since been demanding that Nawaz’s sentence be nullified. The convicted ex-PM is already out of prison to seek medical treatment in London.
The Federal Investigation Agency (FIA) has acquitted Special Assistant to Prime Minister (SAPM) on Health Dr Zafar Mirza after probing his alleged involvement in the smuggling of protective masks amid COVID-19 pandemic.
According to FIA sources, no allegation was proved against Dr Mirza as the petitioner failed to provide evidence of his allegations during the agency’s investigation into the export of 20 million masks to China.
Sources said that according to FIA’s report, no collusion was proved in issuance of permit for export of the masks and the Drug Regulatory Authority of Pakistan (DRAP) allowed the export under rules and regulations.
It may be noted that the complaint in this regard was registered by Young Pharmacists’ Association (YPA) Secretary General Dr Furqan Ibrahim with the PM’s Complaint Cell.
According to the complainant, 20 million masks were smuggled out of Pakistan allegedly by the SAPM in collusion with DRAP Deputy Director Ghazanfar Ali Khan.
Meanwhile, the National Accountability Bureau (NAB) has also decided to launch an inquiry into the allegations against Dr Mirza.
Senior Pakistan Muslim League-Nawaz (PML-N) leader and lawmaker Rana Sanaullah was on Wednesday morning intercepted by police off Lahore’s The Mall. He, however, refused to step out of the vehicle and let the officials check it in the absence of media, The Current has learnt.
According to sources, the PML-N stalwart was stopped by the police in the Regal Chowk area of the provincial capital in connection with the arrest of party president and Leader of Opposition in the National Assembly (NA) Shehbaz Sharif.
The National Accountability Bureau (NAB) since Tuesday had been attempting to arrest Shehbaz in the assets beyond means case against him. The bureau had, however, failed to trace the PML-N chief despite raiding his Model Town and Jati Umra residences among other locations.
Wednesday’s incident took place before a Lahore High Court (LHC) division bench granted pre-arrest bail to Shehbaz till June 17.
“I will not let you check my vehicle in the absence of media because I fear being framed for carrying drugs once again,” Sanaullah, who had earlier been arrested by the Anti-Narcotics Force (ANF), told the cops who stopped him to check if Shehbaz was also present in the vehicle.
The ANF had last year detained the lawmaker after accusing him of carrying a cache of drugs in his vehicle and for “supplying it to drug dealers”.
After months-long incarceration, Sanaullah had been granted bail amid lack of evidence. He had then accused the ANF of planting the drugs in his vehicle for the registration of a “bogus” case against him.
A team of the National Accountability Bureau (NAB) accompanied by police on Tuesday reached the residence of Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif to once again arrest him, this time in the assets beyond means case.
Videos available with The Current showed a contingent of police’s anti-rioting force also reaching the PML-N chief’s Model Town residence in Lahore to make the arrest that comes after Shehbaz, being a cancer survivor, once again avoided appearing before the anti-graft watchdog amid the coronavirus outbreak.
The teams, however, had to return empty-handed as the leader of opposition in the National Assembly (NA), who has also sought pre-arrest bail in the case, was not at home.
The teams were headed to the Sharif family’s Jati Umra residence near Raiwind by the filing of this report.
PRE-ARREST BAIL AND THE CASE:
Earlier in the day, Shehbaz filed a bail plea in the Lahore High Court (LHC) to avoid arrest in the assets beyond means and money laundering cases against him, which is to be taken up by the court tomorrow (Wednesday).
NAB had summoned the PML-N president to record his statement in both cases today (June 2) as the bureau needs Shehbaz’s statement to bring the cases to their logical conclusion.
It had also provided the ex-Punjab chief minister (CM) with a detailed questionnaire as per its standard operating procedure (SoPs), which the PML-N says was submitted by the younger Sharif’s lawyers.
However, Shehbaz on Monday filed a petition in the LHC requesting the court to grant him bail before arrest in both the cases “in the interest of justice”. He requested that he might also be admitted to ad-interim pre-arrest bail till the decision of the petition.
The petitions said the power to arrest was permissive and not obligatory and the arrest was not desirable even in most heinous offences so long as the accused cooperated and kept joining the investigation.
According to The Express Tribune, The PML-N president contended that on October 31, 2017, a complaint was made to various authorities including NAB chairman against management of the public limited companies in Punjab. The complaint claimed that the companies were incorporated and operated in violation of the Constitution and law.
On November 15, 2017, NAB director general (DG) ordered an inquiry into the complaint “in a slipshod and mechanical manner, without application of judicious mind”.
On January 10, 2018, the director general passed an order under section 18(C) of NAO 1999 for an inquiry into against management/officers/officials of Punjab Land Development Company (PLDC), management /owners of M/s Lahore CASA Developers (JV) and officers/officials of the Lahore Development Authority (LDA) in Lahore’s Ashiana housing scheme.
Shehbaz said the above-said order was passed on the basis of an anonymous complaint and neither the complaint nor the order for inquiry mentioned the name of the petitioner or his office “yet under its cover”, NAB officials embarked upon “a fishing and sniffing expedition” against him.
On October 5, 2018, when Shehbaz appeared before a NAB team in response to call up notice in the matter of Saaf Paani Company but he was arrested in Ashiana case.
During his 64 physical remand, the PML-N chief was also arrested in Ramzan Sugar Mills/Construction of Sullage Carrier case. He was still in NAB’s custody when NAB authorized yet another inquiry against the petitioner and others in assets beyond means case.
Later, the petitioner was granted bail after arrest in both the above said cases but just after one week’s time of his bail, NAB put his name in the Exit Control List (ECL) – the country’s no-fly list.
“The petitioner assailed the above said memorandum February 21, 2019 before this court and his petition was allowed.” He contended that NAB served him another call up notice requiring his appearance before the CIT on April 17, 2020.
Shehbaz said he did not appear before NAB team in view of his ill health and the lockdown. Later NAB again issued call up notice requiring his presence on April 22, 2020.
“However, hectic efforts were made and a comprehensive reply was submitted within time with an assurance of personal appearance after the holy month of Ramazan subject to lifting of the lockdown.”
Later, the petitioner appeared before the CIT whereupon he was interrogated for about 2 hours, however, he could not be confronted with any evidence worth name on record to show any act of commission or omission by him to attract the mischief of any offence under NAO 1999.
“That now the petitioner has again been served with a call up notice for June 2, 2020 requiring his personal appearance and written reply before CIT,” it added.
The National Accountability Bureau (NAB) will give “relief” to its prisoners by offering hi-tea on Eid day, a statement issued by the anti-graft watchdog has revealed.
“Keeping its past tradition alive, the bureau has arranged hi-tea for all detained suspects and they will also be presented bouquets on Eid day,” a NAB spokesperson said Wednesday.
The bureau said it had decided to present bouquets to all its suspects detained at Kot Lakhpat and Camp jails on judicial remand. It said the bureau was doing so out of a goodwill gesture.
Opposition leader in Punjab Assembly Hamza Shahbaz, Jang/Geo Media Group editor-in-chief Mir Shakilur Rehman and Lahore Development Authority (LDA) former director general Ahad Cheema are among the prominent NAB suspects on judicial remand.
Meanwhile, a report in a local English daily has claimed that the ruling Pakistan Tehreek-e-Insaf (PTI) suspects a serious foul play behind sudden appearance and circulation of a fake draft purported as a government bill that undermined its efforts to fix anomalies in the accountability regime.
The report quoted a member of the cabinet as saying that the issue of NAB amendments had been pushed to the back burner yet again and now the government would see after Eid what could be done. The PTI government had recently decided to consult all stakeholders, including the opposition parties, to amend NAB law either through an ordinance or if possible by convening a session of parliament to carry out the required legislation.
The National Accountability Bureau (NAB) has been elected as the head of the Anti-Corruption Forum of South Asian Association for Regional Cooperation (SAARC).
An official press release issued by NAB said the anti-graft watchdog was the “role model” not only for Pakistan but also for entire SAARC countries as NAB had been unanimously elected as chairman of the organisation’s Anti-Corruption Forum, which was a great achievement for Pakistan.
NAB’s performance is lauded by SAARC countries, national and international organisations like Transparency International (TI), World Economic Forum (WEF), Pildat and Mishal Pakistan.
In addition, “Pakistan is the only country with whom China has signed a memorandum of understanding (MoU) for eradication of corruption,” the press release said.
From the beginning, NAB has managed to recover Rs328bn and returned the money to affected people, government and private departments without keeping a single rupee of its share, deposited all recoveries in the national exchequer, says the press release.
NAB has established its own research academy for the capacity building of investigation officers (IOs) on modern lines. Moreover, it has also established a forensic science laboratory at its Rawalpindi office for scrutinising of documents, analysing fingerprints and digital data.
NAB has also established an anti-money laundering cell in its headquarters.
With the National Accountability Bureau (NAB), in line with Prime Minister (PM) Imran Khan’s vision of holding the corrupt accountable, planning to reopen a decades-old investigation against the Chaudhrys of Gujrat, trouble seems to be around the corner for the ruling Pakistan Tehreek-e-Insaf (PTI) that is in power owing to the support of its allies, including the Chaudhry cousins’ Pakistan Muslim League (PML).
PML President Chaudhry Shujaat Hussain and his cousin, Punjab Assembly Speaker Chaudhry Pervaiz Elahi, have approached the Lahore High Court (LHC) against NAB Chairman Justice (r) Javed Iqbal’s jurisdiction after reports said that an investigation into the assets of the two leaders was being re-opened 19 years later.
Reiterating that the accountability watchdog has no authority to reopen an almost two-decade-old case that had already been closed, the Chaudhrys, in their petition, have questioned the jurisdiction of NAB to invoke provisions of the National Accountability Ordinance (NAO) 1999 and Anti-Money Laundering Act 2010 simultaneously, arguing that the bureau has no power to hold an inquiry into allegations of money laundering under NAO 1999.
While the court has directed the NAB chief and other parties to submit a reply till May 11, the bureau alleges that it is facing propaganda onslaught since after reports of reopening of the alleged cases against the PML leaders and the decision in this regard is yet to be taken by the NAB chief.
The Chaudhrys, however, are convinced that the anti-graft watchdog is an institution of “political engineering”.
“NAB is an independent institution and worked transparently without an influence,” NAB has in response to the allegations levelled by the PML leadership, which seem to support the stance of opposition parties, including the PML-Nawaz (PML-N) and the Pakistan People’s Party (PPP), as leaders of both the former ruling parties have time and again also accused the government of using the anti-graft watchdog for political vendetta.
TROUBLE FOR IMRAN?
“Relationship between PM Imran and the Chaudhrys is not based on principles, but is rather a marriage of inconvenience since the two need each other in the post-2018 election scenario, when Imran, despite all his reservations about them was left with no other choice but to reach an agreement to come to power,” sources told The Current.
They said it was interesting how the PML leadership was trying to evade the process of accountability that the premier has a special place for in his heart, adding that members of the opposition parties and even some from both the PTI and PML are eagerly waiting for whatever is to follow the episode.
“The PTI has a total number of 156 members in the Lower House [National Assembly] against rival PML-N’s 84 and the PPP’s 55. The two largest opposition parties also enjoy the support of a few independent lawmakers in addition to those from other parties of the anti-government alliance,” they said, adding that the support of MNAs from the PML among other allies such as the Muttahida Qaumi Movement-Pakistan (MQM-P) was imperative for the PTI to keep on enjoying a majority in the parliament.
“PTI seems to be struggling in this regard as it has lately not been the best of friends with many of its allies. Other than the PML and MQM-P, Balochistan National Party-Mengal (BNP-M) is also not very happy and is finding it difficult to not break ties,” a senior member of the ruling party, on the condition of anonymity, told The Current.
To a question, they said that if the PML strikes a deal with the opposition parties, the current system would collapse like a “house of cards” as it is no secret that PTI is in power in Punjab also only because of the Chaudhry’s support. “Independent members do not mind joining hands with whoever seems to be in charge.”
“The recent developments regarding the NAB’s old case against Chaudhrys coincided with their recent meetings with some PML-N leaders, including Rafiq brothers and some backdoor exchange of possibility of cooperation between the two. This has led to them believing that the PTI is trying to force them back into the coalition and not jump ship,” said a close aide of Pervaiz Elahi.
They, however, refused to shed light on the possible troubles facing Chaudhrys because of Punjab Chief Minister (CM) Usman Buzdar, who had also elevated to the position of the provincial chief executive as part of the deal struck between the PTI and PML.
MOONIS SAYS ‘NO COMMENT’:
When contacted, senior PML leader and son of Pervaiz Elahi, Moonis Elahi, refused to comment on the situation.
The PML leader was asked about his party’s goals with regard to taking NAB to court; why was the PML, despite being an ally of the PTI, not letting the anti-graft body go through with its aim to eradicate corruption; and who exactly was using NAB as a tool for political engineering as claimed by the party.
He said that the party leadership and lawyers had strictly told them not to directly comment on the case as it was sub-judice and any statement could be used against them in court.
Amid government’s efforts to amend the 18th Amendment that turned Pakistan from a semi-presidential to a parliamentary republic, which the ruling Pakistan Tehreek-e-Insaf (PTI) cannot do without the support of opposition parties owing to its strength within the parliament, the Pakistan Muslim League-Nawaz (PML-N) in collaboration with Pakistan People’s Party (PPP) has prepared a draft of proposed changes in NAB Ordinance and shared it with power brokers which, if incorporated, will undo the conviction of former Prime Minister (PM) Nawaz Sharif and his daughter Maryam Nawaz for now.
According to The News, a Lahore-based businessman who was in the custody of the National Accountability Bureau (NAB) until recently, is a go-between in this process as he is equally close with the power brokers. In a meeting arranged at his place on April 24, a draft was prepared. Shahid Khaqan Abbasi represented PML-N and Farooq H Naek was from the PPP side.
While Abbasi says he did not attend any such meeting, a picture of the same showed him present there. It has also been learnt that Nawaz is not up for amendments and insists on scrapping the anti-graft body altogether.
Former premier Abbasi has not only confirmed the preparation of a new draft, but also said that he offered a set of recommendations aimed to reform NAB and they were incorporated in the draft. However, he dispelled the impression that the draft has either been shared with apolitical players or is being used as a bargaining ploy on the 18th Amendment.
A PML-N leader, however, was quoted as saying that Abbasi has been given the task at his own desire to mend the fences through a common friend as the channel used during the amendment to the Army Act had now become dysfunctional.
According to reports, the draft indicates that it will be beneficial for the entire political class in general and for Nawaz in particular — Nawaz, who was thrown out as the country’s chief executive through the instrument of disqualification. The proposed amendment under question is related to section 15 of the ordinance dealing with disqualification. In sub-section (a), reads the proposed change, the words “forthwith cease to hold public office” shall be omitted and substituted by “cease to hold public office after the appeal process against his conviction has been exhausted”.
Presently, disqualification comes into effect with conviction from a trial court whereas the proposed change suggests it be actualised only after the entire appeal process is exhausted.
In addition, the burden of proof has been proposed to be shifted on NAB, unlike the present practice where the accused has to prove that the allegations leveled against him or her are untrue. Likewise, the proposed change requires that an offence should form part of NAB jurisdiction only when public money equivalent to Rs1 billion or above is involved. Remand duration has been proposed to be limited to 14 days instead of making it extendable up to 90 days.
Among other proposed rules, NAB chairman’s power has also significantly been curtailed in the proposed draft. His term has also been cut to three years from four.
The arrest of an accused has been linked with his/ her non-cooperation and it has been proposed that the chairman’s power to order arrest should be delegated to the court along with prescribed criteria as to when arrests can be ordered by a judge. NAB is required to formally inform an accused about the nature of charges along with a set of questions the investigators want him/ her to answer, according to the proposal.
Likewise, entire interrogation shall be video-recorded and the accused is entitled to have an attorney of choice during the course of interrogation, according to the proposed amendment. NAB is required to focus on the charges it leveled instead of opening new fronts and there must be no supplementary challan unlike the present practice, the draft revealed.
Public office holders have also been proposed to be redefined as this definition should be limited to those holding executive powers; parliamentary secretaries and lawmakers must not fall in this jurisdiction. As per the proposal, decisions made by the cabinet or a statutory policy-making body can’t be called into question by NAB that would also be required to complete any investigation within a period no longer than six months.
Likewise, NAB can’t recommend placing anyone on the no-fly list once the accused has been granted bail.
Renowned linguist, philosopher, historian, social critic and political commentator Noam Chomsky has endorsed a petition condemning the arrest of Jang/Geo Group owner Mir Shakilur Rahman.
According to reports, the petition stated that the arrest of Mir Shakilur Rahman, the editor-in-chief of the Jang/Geo media group in Pakistan, had taken place without a free trial or conviction.
“Not only has the trial not begun, but no charges have even been framed against him. Yet he has been in a lockup now for over a month, practically in solitary confinement,” it added.
“Under international law, if a prisoner spends more than 22 hours alone in a prison without meaningful human interaction, it is considered solitary confinement, the psychological and health damage of which can be permanent,” the petition highlighted.
“Rahman has been cooperating with the authorities about the case which is related to a 34-year old property transaction between two private parties. He presented himself before the investigators, flying in from outside the country,” it added.
“There is no reason to not release him from jail, particularly at a time when the global coronavirus pandemic is leading governments to set free non-violent prisoners with no criminal record, particularly if they are elderly and have health issues as Rahman does,” it noted.
“Let the case continue against him if there is merit. Let him be arrested if he is found guilty after a trial. This is what fundamental rights are about. This is what an elected government that claims to be democratic should ensure,” the petition concluded.
