LAHORE: The Lahore High Court (LHC) here Wednesday issued a detailed order of bail granting to PML-N leader Khawaja Asif’s and observed that he has not caused any loss to the national exchequer. A division bench of the LHC had granted bail to the PML-N leader in a case of money laundering and owning assets beyond known sources of income.
The court observed that the special prosecutor admitted that it is not the case of prosecution that Khawaja Asif acquired assets after receiving kickbacks or any ill-gotten money or misuse of authority or corruption. So, in view of the statement of the special prosecutor it is not the case of prosecution that Khawaja Asif by abusing his position had acquired assets disproportionate to his known sources of income.
The court observed that the investigating officer’s report reveals that investigation against Asif is ongoing. The NAB prosecutor said that the reference against Khawaja Asif should be sent to the NAB chairperson, the court said and added any accused could not be kept behind the bars for unlimited period.
The allegation of assets in excess of income against Asif is under investigation. No reference has been filed against the PML-N leader to date.
The court said a representative of UAE-based International Mechanical and Electrical Company (IMECO) wanted to come to Pakistan. The investigating officer did not include the representative of the Dubai company in the investigation and added that Asif has declared his overseas income in his income tax returns.
The bench observed, “ Neither there is any tangible material nor even circumstantial material to prima facie conclude that remittance of 107 million was generation of the proceed of crime . The foreign remittance declared in income tax return carries the presumption of truthfulness. Even the Federal board of Revenue record regarding the petitioner’s claim has supplemented his claim regarding the properties, income gained by him and foreign remittance. It is an admitted position that the petitioner did not cause any loss to the government exchequer, the bench held.
The court said that the Audit unit report of 2014 revealed that no discrepancies were found during the conduct audit. The salary has been paid by the federal government as MNA/minister for the year under consideration and tax has been duly deducted/paid. NAB’s investigating officer did not verify Asif’s overseas money from 2004 to 2008 with the embassy, the court said.
The court also wondered that NAB in its first report on April 28, 2021 claimed that Kh Asif and his wife had withdrawn salary of Rs. 29.717 million and Rs.10.692 million. Whereas in the subsequent report on June 18, 2021 the salary drawn by Kh Asif and his wife collectively shown as Rs. 28.772 million. The special prosecutor failed to explain any plausible reason for the decrease in salary of the petitioner and his wife from 40.509 million to Rs. 28.772 million. Similarly the income from business was also shown decreased from 82.186 million to Rs. 50.1569 million without any plausible reason, the order reads. However, it is made clear that the observation contained touching upon the merits in the order shall not be construed as opinion expressed on merits and all contention are left upon to be considered during the course of trial, the court concluded.
PTI leader Usman Dar’s petition to the NAB has also been made part of the written decision. Asif was arrested on December 29, 2020 and later was shifted to Lahore.
Copyright Business Recorder, 2021
Comments
Comments are closed.