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A division bench of the Lahore High Court (LHC) here Monday granted bail to IT department head of Zarco exchange company, A. M. Waqar, who was accused of tampering with the computer system. Counsel of the petitioner, Barrister Ali Zafar, argued before the court that the IT Head was only responsible to ensure the proper functioning of network and the computer systems, but was not concerned with making any inputs or deleting information from the system.
"These responsibilities lie with other employees of finance or accounts among others," the counsel said. Zafar further argued that how a software system and upkeep of hardware were distinct things and gave an example of how Windows operating system made by Microsoft, or other software, once created cannot be tampered with. He submitted that the petitioner was not named in the FIR, and there was no evidence of any wrong doing on his behalf and there was no motive for him to be involved in any wrong doing.
The Counsel also said while the investigations were being carried out which could take some time longer there was a clear cut case of bail. Meanwhile, counsel for the FIA insisted that the petitioner was involved in transferring billions of rupees and tampering the system which was only something that the IT Head in such an organisation could do.
He also pointed out that the IT Head at Khanani & Kalia had still not been granted bail in a similar case. The bench comprising Chief Justice Khawaja Sharif and Justice Ijaz Ahmad Chaudhry, after hearing both the sides at length, admitted the bail application.

Copyright Business Recorder, 2009

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