ISLAMABAD: The National Accountability Bureau (NAB) approached the Supreme Court to set aside the Islamabad High Court (IHC)’s order granting bail to Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in 190 million UK pound case.
The NAB chairman, on Friday, filed an appeal before the apex court, saying whether the IHC was justified to assume the role of trial court to evaluate the evidentiary value of witness, Muhammad Zahid (PW5) Chief Financial Officer, and declared his evidence being not trustworthy during the tentative assessment while granting bail to the accused. It submitted that the NAB has filed a reference before the Accountability Court, Islamabad, wherein, Imran Khan was made accused in the Al-Qadir Trust case.
The petition mentioned that it is a cardinal principle of law that while granting bail, the court never discusses the evidentiary value of a witness, pending trial, as the same may cause prejudice to the case of the prosecution and influence the mind of the presiding officer of the trial court.
A division bench of the IHC comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri on May 15, 2024, granted bail to Imran Khan in the 190 million UK pound case.
Special Prosecutor Amjad Pervez presented his arguments on behalf of the NAB while Sardar Latif Khosa advocate appeared before the court as the counsel of Imran.
In its written judgment, the bench noted, the instant petition is allowed and the petitioner is admitted to bail after arrest in the reference subject to furnishing bail bonds in the sum of Rs1 million with two sureties in the like amount to the satisfaction of learned trial court. It added, “It is pertinent to state that observations made are tentative in nature and shall not prejudice the trial court in any manner while deciding the reference against the petitioner.”
The bench also observed that the amount transmitted from the United Kingdom to Pakistan is not £190 million, but after deduction is approximately £171.15 million and the legal framework agreement which witnesses transaction between the family of Malik Riaz Hussain and NCA, UK is not on record but the government of Pakistan was made to sign the deed of confidentiality which was executed on 06.11.2019 but its sanction was obtained on 03.12.2019 and the sanction does not provide for retrospective approval or rectification of the act.
The IHC verdict said that in the world of transparency, it is surprising that money received from aboard which was either laundered or illegally transferred was kept hidden from the public of Pakistan. However, the prosecution needs to connect the exercise of authority with the gratification to make out a case under Section 9(a) (i) and (iv) of the Ordinance.
Copyright Business Recorder, 2024
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