Two of the Sharifs - Shahbaz and Kulsoom - last week ran a half-page advertisement on the front-page of three editions of one of our national English newspapers which must have cost them close to half a million rupees. It displayed their photographic portraits in between of which was the exclamatory remark 'What is truth?'. Underneath was the statement 'The Facts'.
'The facts' relate in their own words how the Sharif family, twice ruled over the misfortunes of some hundred million poor, hungry and thirsty of this country. The advertisement tells us how they and their industries provided 'an unparalleled example of national service ... providing livelihood to ten thousand families.'
It tells us how they borrowed from the government banks amounts close to two billion rupees and how under court orders they have paid back more than they should have paid - assets worth Rs.2.2 billion as estimated by them against borrowings of Rs.1.7 billion. It tells us that the family has never defaulted, and Shahbaz expressed his high indignation that the Election Tribunal flatly rejected his nomination papers for next month's elections on the ground that he is a loan defaulter.
Defaulter or not, the fact is that had Mian Nawaz Sharif not been prime minister of Pakistan, he, his brother and his other relatives would not have been given the huge loans they were given by the government banks. Equally, had the banks not been government owned they would never even have contemplated loaning such amounts of money to the Sharif empire. Such loans are neither sought nor given under normal circumstances and according to internationally accepted banking practices.
The Brothers Sharif have learnt nothing from their comings and goings, incarcerations and exile. They have forgotten the case of the Hudabiya Paper Mills Ltd and the money borrowed from Al Towfeek. Let me now remind Nawaz and Shahbaz and Kulsoom how money is lent and recovered in practising democracies where law and order prevails.
Hudabiya Paper Mills Ltd, Mian Mohammad Shahbaz Sharif, Mian Mohammad Sharif and Mian Mohammad Abbas Sharif, under English law and jurisdiction borrowed money from Investment Funds Ltd. operated by Al Towfeek Company. Abiding by the Pakistani norm, they did not repay the loan.
Al Towfeek went to court and the Order of Master Rose (the masters of the various divisions of the high court deal with routine matters) of September 4 1998, was duly served upon Hudabiya and the three Mians of Lahore. Employing the usual delaying tactics, as applied in the country over which they misruled, the Mians filed an application in the court asking that the order and the service of the proceedings be set aside. The application was heard in chambers by Justice Buckley of the Queen's Bench Division. He wrote a one-page order on February 5, 1999, which reads as follows:
"Upon the defendants' application for an order that the Order of Master Rose of 4 September, 1998, and the service of proceedings be set aside pursuant to RSC Order 12 Rule 8 and that the plaintiffs do pay the defendants costs to be taxed forthwith and upon hearing leading counsel for the plaintiff and the defendants and upon reading the following affidavits: [13 affidavits listed]
"It is hereby ordered that: 1) the defendants' application under RSC Order 12 Rule 8 be refused.
"2) Costs of this application be paid by the defendants to the plaintiff to be taxed if not agreed." ;
On March 16, 1999, the court delivered its judgment ordering Hudabiya Paper Mills Ltd [first defendant] and the Mians to repay the loan. The amount due was not paid and on November 5, 1999, Master Trench, by a one page order, ordered that the properties of the Mians be attached.
"..... It is ordered by Master Trench that unless sufficient cause to the contrary be shown before a judge in chambers in Room No. E101, Royal Courts of Justice, Strand, London, on the... day of 1999, at ... o'clock, the second [Mian Mohammad Shahbaz Sharif] and third [Mian Mohammad Sharif] and the fourth defendant's [Mian Mohammad Abbas Sharif] interests in the said assets, to the extent of their respective interests, shall and it is ordered in the meantime it do, stand charged with the payment of US$18,673,203.86 or its sterling equivalent due on the said judgment as against the second defendant and US$15,504.732.37 or its sterling equivalent due on the said judgment as against the third and fourth defendants and interest thereon at the statutory rate together with the costs of this application.
"And it is further ordered that the plaintiff have permission to serve upon the second defendant, third defendant and fourth defendant in Pakistan a copy of this order together with a copy of the witness statements of Shezi Nackvi.
"And it is further ordered that this application and all documents supporting it be served on the companies named in para 16 of the first witness statement of Shezi Nackvi, as to which leave is granted to serve them in the British Virgin Islands, and also the creditors named in paragraph 4 of the said Mr Nackvi's second witness statement, as to which leave is granted to serve the same in Pakistan or in the state or states where any of them are registered."
The schedule lists the four properties owned in London by the Mians of Lahore:
16,16-A, 17 and 17-A Avenfield House, at 117-128 Park Lane, London.
End of story. The Mians paid up and settled with the lenders. Master Trench recorded the 'consent order' signed by the solicitors of both sides on January 25, 2000, which reads as follows:
"Upon the plaintiff and the first, second, third and fourth defendants having agreed to the terms of the deed referred to in the schedule hereto. And upon the plaintiff by its solicitors undertaking not to enforce or execute judgment, or take any further steps whatsoever, in the action against the first defendant, save insofar as permitted by and in accordance with such terms. By consent it is ordered that: 1) All further proceedings in this action be stayed, on the terms more particularly set out in the deed described in the schedule to this order, as between the plaintiff and the first, second, third and fourth defendants except for the purpose of carrying this order and the said terms into effect for which purpose the parties are to be at liberty to apply, including in particular, to apply in accordance with this order to enforce judgment against the defendants in this action in the event of noncompliance with Clause 3 of the said deed.
"The charging order nisi granted by Master Trench on November 5, 1999, be discharged forthwith upon payment in accordance with Clause 3 of the said deed with no order as to costs."
In just about 18 months, the lenders, claim was satisfied. Millions of dollars were repaid by the Sharif family. They asked, and the other side and the courts agreed, that the mode and manner of the repayment of the millions be not disclosed.
What would we, the citizens of this blighted country, not give to have courts which administer such justice and in such due time?
The Sharif family should be thankful to their stars which now permit them to live in comfort, lodged in Arabian palaces rather than imprisoned in the dingy dungeons of their homeland. We have had enough of robbers and thieves, we have had enough of the Sharifs and the Bhutto-Zardaris - between which it is extremely difficult to judge which is the worse. These two families who have so damaged and degraded the state of Pakistan should give thanks to their Maker that they have got clean away so lightly with their robbings. They should now have pity on this country and remain far afield, for good.





























