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Justice Khosa excuses himself from Hudaibiya case bench

14 November 2017

Since he had suggested in the April 20 judgment in the Panama Papers that the Hudaibya Paper Mills case required to be re-investigated, thus he can not hear the appeal to this effect, he remarked.

The bench, headed by Justice Khosa and comprising Justice Dost Mohammad Khan and Justice Mazhar Alam Miankhel, was constituted on Friday.

The anti-graft body had submitted that in view of the fact that the JIT which was constituted by the apex court while dealing with the petitions, for probing Panama matter, when collected further incriminating material regarding Hudaibiya Paper Mills, it (NAB) can not be debarred or restrained from proceeding further with the investigation, hence it would be appropriate to set aside the impugned judgment to the extent of re-investigation in order to fortify and corroborate the material collected by the JIT.

A three-member Supreme Court (SC) bench that was formed to hear National Accountability Bureau (NAB) appeal to reopen Hudaibiya Papers Mills against Sharif family has dissolved today (Monday).

As the hearing commenced on Monday, Justice Asif Saeed Khosa said that he has already spoken his mind in Panama papers case and it will be inappropriate for him to adjudicate the case.

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Earlier, Punjab Chief Minister Captain Amarinder Singh had sought Prime Minister Narendra Modi's intervention on the issue. "I look forward to meeting him in Chandigarh on Wednesday (sic)", Kejriwal tweeted.

During the hearing, the NAB prosecutor requested that the case should be taken up next week after the formation of a new bench.

The hearing of Hudaibiya case has been adjourned for unspecified period of time.

Former attorney general Irfan Qadir said Justice Khosa's decision was commendable as he has given strong observation in his judgment about Hudaibiya Paper Mills and had also snubbed former NAB chairman Qamar Zaman Chaudhry.

The NAB in its appeal had prayed to set aside the LHC judgment of March 11, 2014, in the Hudaibiya Mills case.

A trial of the Sharif family, including Nawaz, his children - Maryam, Hasan and Hussain Nawaz - and son-in-law Captain (rtd) Safdar, is being conducted by the accountability court in three graft references regarding London flats, Al-Azizia Steel Mills and other companies.

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Suh said the South had also informed the North on Monday of the soldier and his treatment, via loudspeakers on the border. South Korean officials have yet to identify where the soldier came from or what his intentions were.

A joint investigation team set up to investigate the Sharif family's offshore properties had recommended in its report that the Hudaibya Paper Mills should be investigated afresh.

The Hudaibiya Paper Mills was allegedly used as a cover by the Sharif family to launder money outside the country in the 1990s.

Based on the recommendation, the SC in its July 28 verdict in the Panamagate case had asked the bureau to reopen the case while it filed references in other cases.

Dar later retracted his statement and claimed that the statement was gleaned under duress. However, the matter was re-investigated but a division bench of the LHC gave a split decision whether NAB authorities were competent to re-initiate the proceedings against the respondents.

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Justice Khosa excuses himself from Hudaibiya case bench