LAHORE: The National Accountability Bureau (NAB) failed to establish any unlawful gain or illegal gratification in initiating and executing Ashiana-i-Iqbal Housing Scheme by the then Punjab government led by PML-N, says a detailed judgement acquitting ex-premier Shehbaz Sharif and others in the reference.

In the light of documentary evidence and statements of the prosecution witnesses, the judgement maintains, “the allegations leveled in the reference become highly doubtful and there is no probability of proving the charges against the present accused persons even in case of recording of statements of remaining witnesses.”

Judge Malik Ali Zulqarnain Awan, through a short order on Nov 18, acquitted Mr Shehbaz, two former bureaucrats -- Fawad Hassan Fawad and Ahad Khan Cheema—and seven other accused, allowing their acquittal applications.

Mr Fawad served as the principal secretary to the ex-premier Nawaz Sharif, while Mr Cheema was Lahore Development Authority (LDA) former director general.

Other acquitted accused include Shahid Shafiq, the chief executive of Bismillah Engineering, Israr Saeed, a former LDA chief engineer, Bilal Qidwai, Imtiaz Haider, Ali Sajjad Bhutta, Munir Zia and Arif Butt.

In his detailed verdict, Judge Awan observed that the witnesses’ statements indicate that they were made approvers under blackmail, coercion and pressure with the promise to let them off the hook.

Therefore, he ruled that no sanctity could be attached to the approvers’ statements, which they recorded before the area magistrate. Even otherwise, he said, the cross-examination is considered to be a more valuable part of the statement of a witness as it is considered the first tool to dig out the truth.

The judge said in the light of narration of the witnesses and findings of the investigating officer, the allegations of fraud and misrepresentation have not been established.

The judge observed that the statements and the cross-examination demolished the case of the prosecution and admitted the version of the accused persons regarding no criminal intent, ill-will, misconduct and misuse of authority in initiating bidding and execution of the housing project.

The judge ruled that the allegations of misuse of authority and loss to national exchequer against the accused persons, including Shehbaz, Fawad and Cheema, have not been established under the law.

In this reference, the NAB arrested Mr Cheema in Feb 2018 and the ex-PM in October, the same year.

Mr Fawad and other accused also remained in the NAB custody for months.

The Lahore High Court had released Shehbaz and Fawad on bail in February 2019, while Cheema was granted bail by the Supreme Court two years later in 2021.

Published in Dawn, November 25th, 2023