The Lahore High Court on Wednesday allowed bail to former senior Punjab minister Abdul Aleem Khan in a case of assets beyond means. The NAB prosecutor presented statements of the prosecution witnesses before the court and said the accused showed less value of his properties as they were disproportionate to his known sources of income.
He said the accused had failed to justify the money he received from abroad and assets worth Rs 900 million. Representing Aleem, Barrister Syed Ali Zafar pointed out that all the amount and assets alleged by the NAB had already been declared in tax documents. He said the bureau had failed to establish any offence against the petitioner.
He argued that the NAB had not even alleged any act of corruption or embezzlement against the petitioner. Referring to various judgments of the Supreme Court, Barrister Ali said the NAB must establish that the funds available with the petitioner were outcome of any act of corruption or misuse of authority or that he gained any benefit or misappropriated any government funds or gave any contracts etc.
He said the documentary evidence showed that A&A (Pvt) Limited, the petitioner's company, purchased property for Rs 79 million through valid registered sale deeds for which the legal source of funds was available and this was duly accepted by the FBR and the income tax tribunal.
He argued that the NAB had no documentary evidence to establish that the petitioner showed value of his properties lower than the actual and was relying on oral statements of witnesses.
The counsel also argued that the allegation that the property was undervalued was not an offence as the maximum penalty which could be imposed was the stamp duty payable on additional amount. He said this could not be conceivably an offence under the NAB ordinance.
Barrister Ali further argued that there was no chance of absconding of the petitioner because he always remained in Pakistan and was cooperating in inquiry with the NAB for the last many years. He said keeping somebody in jail while the NAB was still making up its mind whether or not to file any reference would be a violation of the constitution.
The court after hearing arguments from both sides allowed bail to Aleem Khan subject to furnishing two bail bonds of rupees one million each.
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