The Lahore High Court (LHC) on Thursday extended interim pre-arrest bail of the Leader of Opposition in Punjab Assembly, Hamza Shahbaz, till May 8 in Saaf Paani project, Ramza Sugar Mills and assets beyond means being probed by National Accountability Bureau (NAB).
A two-member bench headed by Justice Malik Shahzad Ahmed Khan hearing the bail petitions of Hamza, showed annoyance over presence of irrelevant persons inside the courtroom and ordered their ouster before the start of proceedings.
Hamza's lawyer pointed out that he was unable to argue the case unless documents being relied upon by NAB are provided to him.
He apprised to the court that the documents being considered as the part of the reference were not attached in assets beyond income case and added that the case cannot be proceeded without completion of the documents.
The court when asked the NAB prosecutor regarding availability of the documents in the references said that the NAB would have to investigate into offshore companies and foreign transactions of Hamza Shahbaz.
The investigators were tracing out persons and other sources which were used to transact money from foreign country, the official said.
Hamza's counsel said, "How can we challenge the case in a court if we are not being provided the documents".
The material, which is being used against an accused, cannot be kept hidden from him, the counsel added.
Challenging NAB's power to probe money laundering cases, the lawyer said, the NAB could hold inquiry only and has not authorized to arrest his client without seeking permission from a magisterial court. A financial monitoring unit had got the authority to probe money laundering cases and the sessions court was the legal forum to hold trial under such charges," the counsel added.
NAB prosecutor said that Financial Monitoring Unit has also spotted suspicious transactions but its report cannot be provided for being secret.
The court when inquired NAB prosecutor whether the report would be included as part of the case, the official said that the facts will transpire after the investigation.
At this the court observed that the institution should make it clear whether the report will be used as evidence in the case or not.
The official affirmed that the probe will be conducted on basis of the report. He would have to seek instructions whether the secret documents could be provided to the petitioner, said the prosecutor.
The court directing the NAB prosecutor to seek instruction about secret documents extended interim bail of Hamza Shahbaz till next date of hearing.
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