This allegation came in comments filed by NAB Deputy Assistant Director Osama Younis, who is investigating the corruption case against Dr Asim. The officer argued the application for removal of Dr Asim's name from the ECL and supporting affidavit for the return of his passports is not maintainable under the law and liable to be dismissed.
SHC issues notices on Dr Asim's plea for return of passports, removal of name from ECL
"That the instant application is filed with set purposes to defeat the ends of justice," the officer alleged, adding that the applicant wants to get modified the court's February 2 order, which was passed by a division bench of the Sindh High Court (SHC). As per the practice, procedure and proprietary demand, the matter may be placed before the same bench, he added.
The investigation officer contended that the applicant had not challenged the February 2 order either before the Supreme Court or the SHC for its modification.
Younis argued as such the case qualified for placing his name on the ECL in view of Rule 2 of the Exit from Pakistan Control Rules 2010. "Therefore, the petitioner could not claim immunity under any circumstances and petitioner's intention seems to be to flee from Pakistan, which will defeat the purpose and object of the Section 16(a) of NAO 1999," the officer said. He argued that NAB had challenged the bail granting order of the SHC before the Supreme Court.
Dr Asim walks free after 19 months in jail
The officer added that the contents of the application were vague and pre-planned to avoid criminal trial under the camouflage of so-called medical grounds. The NAB officer denied that the applicant was suffering from any disease that is not curable in Pakistan, terming Dr Asim's contention as 'vague and baseless and amounting to create frivolous grounds for return of passport'.
He pleaded the court to dismiss the application, arguing that until or unless the same was not rejected the NAB was bound to suffer. The SHC bench headed by Justice Muhammad Junaid Ghaffar directed the applicant's lawyer to file reply to the comments filed by the NAB investigation officer by the next date of hearing.
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