Accountability Court Judge Muhammad Bashir reserved the verdict after hearing arguments from Ahmed's counsel Hashmat Habib and NAB's prosecutor Imran Shafique.
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Ahmed who is allegedly accused of facilitating Dar in creating assets beyond known sources of income through unsolicited means was indicted in April by the court. NAB has accused Ahmed of opening accounts which were allegedly used for money laundering by Dar.
On May 30, Ahmed had moved an application under Section 265-K of the Criminal Procedure Code, seeking acquittal on the basis that there is no probability of conviction of the “accused of any allegations as charges do not attract any of the provision of National Accountability Ordinance.”
Habib argued that there is no charge against Ahmed even if it is presumed that NAB’s stance was correct, which may fall under the ambit of National Accountability Ordinance (NAO), 1999.
He said that NAB has levelled three allegations related to corruption, corrupt practices, abatement and misuse of authority under the NAB law, adding that the court has already dropped the charge of corruption against the accused. Subsequently, the “legal effect that the charge on other accounts has become redundant,” Habib argued.
Habib said that the Supreme Court has already dealt with Hudaibia Paper Mills case wherein an identical matter of opening of bank accounts and transaction of money was involved. “The apex court has already turned down NAB's plea and absolved the accused persons,” he argued.
He said that all the witnesses produced so far have not mentioned Ahmed’s name in examination or cross-examination, which makes the remaining witnesses irrelevant as nothing could be established in support of the charges against Ahmed.
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NAB’s prosecutor Shafique said that prosecution can produce over 50 witnesses to prove its case and the court may allow NAB to prove it. He alleged that a white-collar crime has been committed with higher degree of expertise, adding that NAB has detected transaction of huge amounts from the different bank accounts opened in Ahmed’s name.
He said that how is it possible that bank accounts were opened in Ahmed's name and he did not know about the accounts as well as transactions. NAB prosecutor prayed the court to dismiss this application.
Last year in September, NAB filed a reference against Dar on the directives of the Supreme Court in the Panama Papers case. The accountability body had named the three as co-accused in the supplementary reference and they had denied involvement in Dar’s alleged corruption.
The NAB’s reference revealed that Ahmed was one of the directors of Hajveri Modaraba Management Company and 7,000 shares in Hajveri Holding (Pvt) Ltd were also transferred in his favour from the Dar’s wife.
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The reference stated that the seven bank accounts were opened in Ahmed’s name that was used for the benefit of Dar and his companies as per the investigation conducted so far.
NAB alleged that Ahmed had intentionally allowed Dar to open/operate/use bank accounts in his name to protect his illegal money and penal liability by providing cover to his criminal act The Bureau also said that he aided, assisted and abetted the principal accused in the commission of offences.
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