A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Ghulam Rabbani on a suo motu case directed the National Accountability Bureau (NAB) to take both into custody. The bench directed the convicts that they could submit fresh sureties before Lahore High Court in three days as the previous bonds produced by them were invalidated after their acquittal by the court under the NRO.
It said unless fresh sureties were furnished by them, benefits of bails granted to them could not be allowed. The bench in its order said since the NRO had been declared by it as honest in Dr Mubashir vs Federation case, the acquittal of these two persons was set aside.
The bench noted that after earning acquittal from Islamabad High Court, convict Adnan Khawaja was appointed as chairman NAVTEC. Surprisingly, after declaring the NRO as ultra vires, he continued to perform as chairman though he was barred from holding any public office, the order added. The bench said although it was his moral and legal responsibility to relinquish the post, he was appointed as MD OGDCL. It said that he was enjoying the same position contrary to the previous judgement of accountability court.
It said after the apex court took up the matter and brought it to the notice of competent authorities, his appointment was de-notified. It also referred to inaction of the NAB authorities and said it was an obligation of NAB to take them into custody but it was not done and their properties were also not retrieved.
The reply submitted by Ismail Qureshi, secretary Establishment Division, on issue of appointment of Adnan Khawaja, would be taken up on the next date of hearing. Earlier, the bench was apprised by Raja Aamir Abbas, additional prosecutor general NAB, that the former spy chief Brigadier Imtiaz was awarded eight years rigorous imprisonment with a fine of Rs 7 million in 2001.
He said that he had almost undergone four years and five months in prison while he had to undergo another three and half years. While about Adnan A Khawaja, the co-accused, he informed that he had to undergo eight months in prison out of total sentence of two years.
He said their appeals were fixed for September 23 before the LHC. Qureshi apprised the bench that a notification for appointment of Adnan Khawaja as MD OGDCL was issued by the Establishment Division. He said if the issue of his conviction was brought to his notice, he would have resisted it.
To bench's query, Attorney General Molvi Anwarul Haq replied that the sureties of both the convicts had been discharged and they had to file fresh ones. The Chief Justice questioned why NAB had not taken them into custody so far. Referring to acting chairman NAB, he said after a decision of this court, he was holding the office illegally.
Imtiaz was convicted by a court on July 31, 2001, and jailed for eight years. According to evidence produced in the court by the NAB, Imtiaz had assets beyond means including foreign exchange bearer certificates worth $20.08 million, a Pakistani rupee account in the Union Bank with a balance of Rs 2.13 billion, a dollar account in Deutsche Bank with a balance of $19.1 million, five residential houses, five commercial units and three shops.