Assets beyond means case: Sindh PA speaker granted bail

Sindh High Court (SHC) Friday granted bail to Agha Siraj Durrani, Speaker Sindh Assembly and ordered him to furnish Rs 1 million surety bonds for the bail in "assets beyond means" case.

Court also directed Interior Ministry to place the name of Durrani on Exit Control List (ECL) to stop him traveling abroad on the apprehensions of National Accountability Bureau (NAB). Court also confirmed the pre-arrest bails granted to co-accused in the same case, a written order of SHC bench headed by Justice Omar Sial stated. The other accused in the case included Agha Maseehuddin, Tufail Ahmed, Mitha Khan, Shamshad Khatoon and others.

In the detailed judgment of the petition, filed by Durrani for bail, court ruled that petitioner deserves the concession of bail as on apparently tentative assessment that there are number aspects of the case, which make it a case of further inquiry.

Court observed that the way Durrani was arrested while he was in Islamabad prima facie appears to be wholly unjustified and doesn't reflect part of NAB. Court also termed the explanation of NAB unsatisfactory to arrest Durrani and remarked, "What was the pressing need to arrest him when even by NAB's own admission he was fully cooperating with inquiry being conducted".

Court ruled that there are solid grounds to make arrest and that a person is not deprived of his liberty on whimsical and arbitrary reasons in response to contention of NAB's special prosecutor that under the law, Chairman NAB has the power to issue an arrest warrant for a person even during the inquiry stage.

"We are also unable to understand the wisdom behind NAB arresting people at the inquiry stages unless the suspect is not cooperating with the investigation officer to whom the investigation is assigned; tampering or attempting to tamper with witnesses or evidences of there are strong reasons that he is likely to flee from jurisdiction or for some other valid reasons", Court stated.

Court observed that according to record, the investigation in the case was authorized well after the arrest of Durrani. "It is correct that legislature has empowered the Chairman NAB to issue an arrest warrant at the inquiry stage, however such a power must be pressed into action very carefully and cautiously, as it tends to make inroads into the fundamental rights guaranteed by the constitution, court stated.

Court also noted that Chairman NAB shall direct that training, discipline and professionalism of his officers are further enhanced.