NAB team returns without Hamza Shehbaz arrest after court order
LAHORE: A team of the National Accountability Bureau (NAB) returned from the residence of Hamza Shehbaz on Saturday after Lahore High Court (LHC) ordered it not to arrest the opposition leader in Punjab Assembly until April 08, ARY News reported.
The high court on a petition stopped the NAB from arrest of Hamza Shehbaz till Monday when the court will hear his protective bail.
Hamza Shehbaz had pleaded to the court for a protective bail today.
Earlier, a National Accountability Bureau (NAB) team on Saturday reached to the residence of of Pakistan Muslim League-Nawaz (PML-N) leader Hamza Shehbaz Sharif at Model Town here for his arrest.
The NAB team had earlier conducted a raid at the residence of the and Opposition Leader in Punjab Assembly Hamza Shehbaz on Friday for his arrest in a NAB case but returned after a standoff at H-96 residence of Sharif.
Accountability court’s order
After the accountability court issued its decision on the matter, Hamza Shehbaz’s counsel Atta Tarar claimed that that the court had “dismissed” NAB’s petition and refused it permission to raid the PML-N leader’s residence for arrest.
The accountability court’s order, however, states that it has no reason to entertain the petition because NAB already has all authority to execute the arrest warrant in line with Chapter V of the Code of Criminal Procedures, which details how an arrest has to be made.
MAJOR POINTS OF CHAPTER V OF CODE OF CRIMINAL PROCEDURES
A- Arrest generally
Arrest how made.(1) In making an arrest thepolice-officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.
(2) Resisting endeavor to arrest. If such person forcibly resists the endeavor to arrest him or attempts to evade the arrest, such police-officer or other person may use all means necessary to effect the arrest.(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with [imprisonment for life.]
Search of place entered by person sought to be arrested
If any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, the person residing in, or being in charge of such place shall, on demand of such person acting as aforesaid or such police-officer, allow him free ingress thereto, and afford all reasonable facilities for a searchtherein
Procedure where’ ingress not obtainable.If ingress to such place cannot be obtained under section 47 it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police-officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance dully made, he cannot otherwise obtain admittance.
Earlier, the accountability bureau officials expressed their determination for arrest of the PML-N leader at any cost today.
Deputy Director Chaudhry Asghar, talking to ARY News said, “We have his arrest warrants, we will not leave the place till he produce arrest.”
The accountability bureau officials also holding talks with Ata Tarar, the secretary of Hamza Shehbaz for his arrest.
According to sources, Hamza Shehbaz and Shehbaz Sharif both are present at home and the guards didn’t allow the NAB team to enter the house.
The police officials came for the arrest of Hamza Shehbaz, have cordoned of his residence in Lahore’s Model Town.
On the request of the NAB officials, Rangers personnel have been deployed at Model Town, which will be kept standby for the arrest of Hamza Shehbaz.
The workers of Pakistan Muslim League-Nawaz (PML-N) have reached in a large number at the place and made a human wall to avoid the arrest of their leader.
More contingents of police have been called and fire brigade and ambulances summoned at 96 H Model Town here.
PML-N workers surround Hamza Shehbaz’s residence
The PML-N workers and police were engaged in scuffles when the party workers were stopped from reaching to the residence of the opposition leader.
PML-N leader Marriyum Aurangzeb has said that the NAB has initiated illegal steps from yesterday claiming the hand of the government against the action of the accountability bureau.
PML-N leader said that the high court has ordered for issuance of a 10-day prior notice before the arrest of Hamza Shehbaz.
The NAB has challenged the decision in the Supreme Court but the apex court didn’t say anything about the high court’s decision, former information minister said.
Moreover, Hamza Shehbaz Sharif has challenged his arrest warrant in the Lahore High Court and pleaded for bail before arrest.
In his petition, Hamza Shehbaz said that the NAB illegally conducted raid at his residence in Lahore on Friday. The petition said that the LHC had earlier in an order said that the NAB should inform Hamza prior to his arrest.
The petitioner has pleaded to the court for suspension of his arrest warrant. He has also sought the court to initiate contempt of court proceedings against the NAB over violation of the court orders.
A team of the bureau comprising seven to eight members yesterday raided at 96 H residence of Hamza Shehbaz along with his arrest warrants issued by the Chairman NAB Justice (retd) Javed Iqbal, in an inquiry in assets beyond known sources of income.
However, the team was denied and resisted from arresting Hamza Shehbaz despite showing arrest warrants to Shehbaz Sharif and Hamza Shehbaz, who were present at the 96 H residence in Model Town.
A large number of PML-N workers reached the residence of Hamza Shehbaz and observed sit-in at the main gate of the residence. The agitated PML-N workers also manhandled the members of NAB team and torn clothes of an official.
Sensing the importance of the matter, DG NAB Punjab had informed chairman accountability bureau and other concerned authorities about the prevailing situation.
Later, the chairman NAB had asked the team to return back amid resistance and threats of severe consequences to them.