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What does the law say about Shehbaz Sharif’s arrest?

October 6 , 2018

The National Accountability Bureau arrested former Punjab chief minister Shehbaz Sharif in Ashiana housing scam on Friday and he was remanded to NAB custody for 10 days on Saturday by an accountability court. But what does the law say about all this?

According to the NAB law, there are two initial processes before a reference is filed. When a complaint has been filed, the first stage is that NAB starts its own inquiry. The second stage is when NAB starts an investigation.

“NAB is an independent institution. It can arrest any person. So, now the responsibility lies on it to prove the charges against Shehbaz,” Barrister Ali Zafar, the former caretaker information minister, told SAMAA TV.

There are usually two reasons why a suspect is arrested. The first is to arrest for further investigation and the second is because NAB has enough evidence to arrest someone.

“Cancelling a contract is not a crime but giving the contract to someone else on a preferred basis is a crime. If it is proven that the contract was given on a non-merit basis then it comes under the arena of corruption case,” explained Zafar.

If Shehbaz is found guilty by NAB, under Section 10 of the NAB Law, the maximum punishment is 14 years of imprisonment and all his property will be seized. He can appeal the decision in the high court and then in the Supreme Court.

“In such cases, bail is likely to be granted by the court,” said Zafar.

“If the court grants Shehbaz’s physical remand, he cannot be granted bail for the next 90 days,” commented Adnan Adil, a senior analyst.

Shehbaz is accused of illegally awarding the contract for the Ashiana Housing Society project to a favoured contractor.

 

2 Comments

  1. Kenan Tahir   December 18, 2018 12:47 pm/ Reply

    Since its now come upon them for the first time these politicians are speaking up against NABs Brutality and its evil ways.. termed NAB ka kala qanoon. Sounds like children’s ghost story. Something that you tell around a camo fire. Well since all this Kala Qanoon predates the political careers of all these politicians and they really sgiukdnt complain about its process because none were oblivious to its methods and procedures since in past most of these politician jave uder NAB for their personal and political motives and gains… Perhaps now NAB could stand as a firm and stern warning to all those other politicians and businessmen who might think they can loot and plunder Pakistans wealth and get away with it. Fact is I don’t think NAB is being harsh enough. It’s still going too soft on all these people… NAB should make its convictions and punishments REALISTIC.. I keep hearing about what Muslim league N has done.. but what about court convictions? Are these trials going to go on forever? They need to man up get BOLD and take that first step in giving a sentence which is JUSTIFIED. Why doesn’t NAB just take all their banks accounts for the State and bring back stolen wealth from abroad. Write a letter to the Swiss govt and banks and request the immediate transfer of all that wealth. What’s the delay? Why cant Pakistan work side bu side with interpol? PK should have some level of diplomatic ties to influence the interpol and being back politicians and beurucrates who have fled Pakistan. If all these sentences and punishments and convictions arent madr realistic soon enough I will start to say Its all a big joke. And they are all doing exactly what was being done before. I.e. making the people of Pakistan STUPID as always.
    I strongly suggest that all accountability courts should step up their game immediately
    In case the courts rule in favour of the politicians and stops NAB from making any arrests prior to convictions then at least all suspected and involver parties under court and constitution must be put into the ECL list so we dont tind oit the next day That our dear suspects have fled to adubainor Londin and refuse to come back
    All these people must be held accountable.
    And it’s not just them.. people in sindh govt even now are taking 5 lac rupees bribes just to hand over you your housing files.. why isn’t anyone looking into that? Fehmida mirai has put her pet in DHA office and this guy charges you 5lac just to hand you over your property files.. uneducated and jahil man sits taking bribes each day in DHA Karachi office and I see hard working educated people who have to pay this disgusting vile man a huge portion of your hard earned money and for what .. so that he may do his JOB? These people should be arrested first.. they are the ones who are bleeding the common fil sey directly.

  2. Kenan   December 18, 2018 1:01 pm/ Reply

    Courts are probably going to rule against NABs arrests before proven guilty in this case all those who ate going through NABs hearing must be put on ECL to ensure none of these potentially guilty folk can flee Pakistan.
    More over I think its it’s been far too long and these politicians must now be given some punishment and I dont Care much about about Jail time.. I would prefer their possessions and money to return to Pakistan and then give them jail time..
    Pakistan should have stronger ties with interpol
    China recently had its citizens who were found guilty of corruption were returned from overseas by their respected Govts. And jailed in China. Their wealth was also returned. We Need something EXACY like that. Why doesnt the GOVERNMENT OF PAKSITAN have these men extradited to Pakistan???. Hey if China UK USA can have any person extradited and we graciously gand theb our own citizens cant Pakistan ask for it’s own citizens who are fled politicians returned to Pakistan? What kind of 3 world country are we.. have we absolutely no say in the inter national community.. is our foreign office that incompetent..
    If so we should send our military on a navy seals secret mission to abduct our guilty politicians and brought back to Pakistan so that we ca throw them in jail and they can negotiate their release by signing over pakistans stilen wealth. I’m so sick of not hearing any realistic punishments or convictions from any NAB or xourts

    I think it’s time all of these suspected responsible parties PAYS for what they have done to Pakistan in the last 30 years.


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