Sindh High Court (SHC) has released the written judgment in National Insurance Company Limited (NICL) corruption case, in which the court set aside the verdict of trial court by acquitting all the accused.
Seventeen-page decision, authored by Justice Omar Sial held the prosecution responsible for its failure to establish the proofs against the accused. Former Chairman NICL Ayaz Khan Niazi and others were charged by National Accountability Bureau (NAB) for embezzling NICL funds to buy 10 acres of land in Karachi's Korangi Area, causing over Rs.400 million loss to national exchequer. The trial court's challenged in SHC.
According to order of the SHC, the charge against the appellants was framed on September 2015, to which appellants pleaded not guilty and claimed trial.
At the trial, the prosecution examined 44 witnesses. The appellants recorded their statements under section 342 Cr.P.C. and gave lengthy explanations in their defence.
Trial court announced its judgment in December 2018 and convicted and sentenced Muhammad Ayaz Khan Niazi, Muhammad Zahoor, Syed Hur Rehai Gardezi, Syed Zahid Hussain, Amin Qasim Dada and Amir Hussain to seven years imprisonment.
The court observed that the trial court has at many places presumed things in order to convict the appellants, presumptions that were not allowed by law and on issues in which no evidence was led.
"It appears that entire burden of proving themselves innocent was left on the shoulders of the appellant", the court observed and stated that the prosecution had not reasonably discharged its duty to establish a reasonable case against the appellants.
Written order also pointed out that the various valuation reports and the testimony of the prosecution witnesses also created the doubts as to the exact value of the land.
It maintained that the requisite ingredients of the offences with which the accused were charged were not proven.
The court ordered to release the appellants, if not required in any other case.
Meanwhile, SHC Chief Justice ordered closure inquiry against Jam Khan Shoro, former Local Government Minister in illegal allotment of plots of Karachi Development Authority (KDA) after NAB failed to find out any evidence against him.
Copyright Business Recorder, 2019
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