Bureau argues if it withdraws case at inquiry stage, accountability court does not have authority over the matter
ISLAMABAD:
The National Accountability Bureau (NAB) has challenged a Lahore High Court (LHC) ruling in the Chaudhry Sugar Mills case before the Federal Constitutional Court (FCC).
The LHC had directed NAB to file a reference before the accountability court within one week to formally close the case, following a petition by Punjab Chief Minister Maryam Nawaz seeking the return of Rs70 million deposited as surety.
In addition, the court ordered the accountability court in Lahore to decide the reference within one month.
In its appeal, submitted through the additional prosecutor general, NAB requested the FCC to set aside the LHC’s decision.
The bureau argued that if a case is withdrawn at the inquiry stage, the accountability court has no judicial authority over it.
NAB maintained that if the law does not require judicial approval for withdrawing a case, such a requirement cannot be introduced through a court ruling.
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The petition further stated that the LHC issued its decision without issuing notices to the Office of the Attorney General.
NAB contended that once the bureau chairman approved the withdrawal of the case, the LHC had no authority to interpret the law otherwise.
It also argued that the high court effectively took suo motu notice, which NAB said fell outside its jurisdiction. The bureau has requested that the LHC’s February 4, 2026 ruling be declared void.
The Chaudhry Sugar Mills inquiry was initiated on November 14, 2018. During the inquiry, Maryam, listed as party number one, was arrested on August 8, 2019, and placed on a 48-day physical remand.
She later filed a petition for post-arrest bail in the Lahore High Court, which approved her bail on October 31, 2019.
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The court directed her to submit two surety bonds of Rs10 million each, deposit Rs70 million, and surrender her passport to the registrar judicial.
NAB had challenged the grant of bail in the Supreme Court, but the petition was dismissed on August 22, 2023, after NAB withdrew the application.
Following amendments to NAB’s law, the bureau’s investigation officer concluded that the case did not establish corruption or corrupt practices. Based on this finding, NAB’s Executive Board decided on April 3, 2024, to withdraw proceedings under Section 31B(1).
After the proceedings were withdrawn, Maryam filed a miscellaneous application in the LHC seeking the return of the Rs70 million deposited as surety.
The LHC ruled that the case could only be formally closed with the approval of the accountability court and directed the court in Lahore to issue a decision within one month.
