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A division bench of the Lahore High Court (LHC) here on Thursday granted interim pre-arrest bail to PML-Q leader Moonis Elahi till March 17 in National Insurance scam case. The bench headed by Chief Justice Ijaz Ahmed Chaudhry directed investigation officer to appear along with record of the case on the next date of hearing.
CJ observed that what investigation officer had written in his report, it seemed that whole drama had been staged to give clean chit to Moonis. The CJ also expressed his displeasure over making public statements by Moonis on an issue which, is pending in the courts. CJ said "After getting relief from the court you (Moonis) makes public statements which is misuse of court's orders.
Make such tricks only after the case is ended." A senior lawyer S M Zafar appeared on behalf of Moonis and argued that Moonis Elahi was dragged in the case on the statement of his manager Malik. He pointed out that Malik stated before FIA that he opened an account on the instruction of Moonis and an amount of Rs 220 million was allegedly transferred to that account.
He said later Malik back out from his statement but FIA still dragging Moonis in the case and submitted challan in the trail court without having cogent evidence against him. He said FIA summoned Moonis on January 27 for interrogation but he could not appear as was aboard. However, his lawyer turned up and sought time to join investigation but surprisingly FIA obtained his arrest warrant on very next day.
Later a court also started proclamation to declare him proclaimed offender, but this order was cancelled by session court. Zafar argued after obtaining three weeks transitory bail from Sindh High Court Moonis came back to Pakistan and went to FIA authorities to join investigation but they declined to record his statements.
They were of the view that they would allow him to join investigation only after he surrendered himself before trail court. Zafar said FIA authorities' move was based on malafide as Moonis was already on bail from SHC. He said it seemed that only object of whole episode was to cause humiliation to Moonis and his family. He said now FIA authorities had submitted challan in special court (Banking offences) which had issued non-bailable warrants.
Upon this, the CJ asked SM Zafar why Moonis don't approach trail court for pre-arrest bail. Zafar replied how he could go to trail court that had already issued warrants against him. He cited many judgements of superior court in which bail was directly granted by high courts. The court, however, after hearing preliminary arguments granted interim bail till March 17.

Copyright Business Recorder, 2011

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