Justice Aamer Farooq issued notices to NAB to file their replies by April 5 after the former federal minister for communication Arbab Alamgir and his wife former MNA Asma Arbab had approached the court seeking protective bail.
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Barrister Masroor Shah, counsel for the petitioners, said that the couple were currently living in the United Arab Emirates.
However, he added that they were willing to join the inquiry in Pakistan and that they had communicated this to NAB as well.
However, the counsel said, the officials of NAB had issued statements on various media claiming that the petitioners would be arrested upon their return to Pakistan.
He added that these statements had given rise to apprehensions that the NAB’s “Call Up Notices” were a mere ploy to trap them upon their return to Pakistan.
Shah argued that the petitioners had no issue in returning to the country and to appear before a Combined Investigation Team (CIT) and to record their statements, answer any queries the investigation officers may have.
With the question of granting bail in the absence of suspects being raised in this case as well, Shah referred to the case of former Sindh information minister Sharjeel Memon.
Memon had sought protective bail from the IHC through his lawyer on March 15. While the court Initially noted that bail application could not be entertained unless the petitioner surrenders before the court. The court later allowed Memon to surrender himself before the court with directions that “the petitioner shall not be arrested till his surrender before this court”.
Shah argued that the petitioners’ case was similar in nature and that they should be given anticipatory bail till they can surrender before the court.
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In order to allow the petitioners to defend themselves as per law, Shah argued that it was imperative petitioners are given transitory bail so as to enable them to land at any airport in Pakistan and appear before the concerned authorities without any fear of being arrested.
He prayed that the respondents may be restrained from harassing the petitioner and to grant them protective bail for few days so as that they may approach the concerned court and appear before the CIT.
Shah further requested the court to restrain the respondents from taking any adverse or coercive measures without the permission of the court.
Following the hearing, the single bench of IHC issued a notice to NAB for April 5 (today).
Published in The Express Tribune, April 5th, 2017.
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