The NAB had challenged Lahore High Court verdict of 2014 to quash an investigation into the Rs 1.2 billion Hudaibiya Paper Mills scam against the Sharif family, including former Prime Minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif and his son Hamza Shahbaz. On December 15 last year, a three-member bench led by Justice Mushir Alam dismissed the appeal in a short order, saying reasons would be recorded later.
Giving reasons for turning down anti-graft watchdog's appeal for reopening of the money laundering scam inquiry on Friday, the bench said in its detailed judgment: "Criminal justice system requires that a person accused of a crime is brought to justice as speedily as possible, so if he is found guilty, he is punished and if he is found to be innocent, he is discharged and/or acquitted. The maxim that justice delayed is justice denied comes true when a criminal trial remains pending indefinitely for no reason whatsoever."
The detailed judgment authored by Justice Qazi Faez Isa said the court came to painful conclusion that the Sharif family was denied due process whereas legal process was abused, by keeping the reference pending indefinitely and unreasonably against them, adding that they were denied the right to vindicate themselves.
"The NAB did not produce the accused in court; NAB did not seek to have charges framed against them; NAB did not examine a single witness and tender evidence; NAB sought innumerable adjournments; NAB sought the reference to be indefinitely (sine die) adjourned. For over four years the chairman NAB did not submit an application under his signature for the restoration/revival of the reference. And, when the chairman did submit such an application, it was not pursued. The reference remained moribund," stated the verdict.
Terming the reference served no purpose except oppressing the Sharif family, the bench said in its detailed verdict that the court has also noted with grave concern the lack of commitment and earnestness on the part of NAB at the relevant time in the matter.
The court said the learned judges of the Lahore High Court were justified to quash the reference against the Sharif family, saying once it was quashed the question of reinvestigation did not arise. The judgment pointed out that one of the learned judges of the Lahore High court gave permission to the NAB to reinvestigate the reference against the Sharif family even the NAB hadn't requested for such directives.
The apex court said that the learned judge of the high court mentioned the matter of reinvestigation in the very last sentence of his judgment without giving reason for permitting reinvestigation. Addressing media through the detailed verdict, the Supreme Court's bench said in its order, "During the course of hearings we observed that whilst most of the media acted maturely and fairly reported the proceedings, there were some who violated the parameters of factual reporting and also broadcast and printed views of persons who were interested in a particular outcome of this case."
The bench said that the media should not dilate on a sub judice case, rather should only accurately report the proceedings; however, once a judgment is announced it may be analyzed, evaluated or critiqued.
The bench also said that a procrastinated trial not only adversely affects the prosecution case but may also seriously hamper the defense. "It is a mockery of law to allow criminal cases to proceed for four or five years without any progress. It is revolting to the conscience of a judge under any system of law that a criminal case should take so long and still not be decided," said the detailed judgment.