SC upholds BHC verdict on granting bail to fake CNICs accused

CJP says NAB was responsible to prove offence but copies of documents were not considered admissible evidence


Aqil Afzal June 20, 2019
PHOTO: EXPRESS

ISLAMABAD: The Supreme Court (SC) on Wednesday dismissed National Accountability Bureau (NAB’s) appeal against the bail granted to two persons accused of issuing fake Computerized National Identity Cards (CNICs).

A three-member bench headed by Chief Justice Asif Saeed Khosa upheld Balochistan High Court’s verdict awarding bails to the suspects.

Syed Ali Muhammad and Rizwan Aftab have been allegedly involved in issuance of fake CNICs.

During the hearing, the top judge in his remarks said that the issuance of fake CNICs was a heinous crime as these could be used in terrorist activities and money laundering.

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The chief justice said that NAB was responsible to prove the offence but copies of documents were not considered admissible evidence in the court.

“It was NAB’s duty to prove the fraud,” Justice Khosa remarked.

An accountability court had earlier awarded seven-year imprisonment to both the suspects but the high court awarded them bail.

Meanwhile, the Supreme Court admitted NAB’s appeals against bails granted to former land acquisition collector Amjad Sandhal and others.

A three-member bench led by Chief Justice Asif Saeed Khan Khosa directed the Lahore High Court to review the case and present a fresh verdict within four months. The bench said that the accused would remain on bail till the decision of the case.

During the hearing, the top judge observed that high court’s verdict was not according to legal perspectives.

The chief justice remarked that how a free hand can be given to a collector by not filing an appeal against him.

Sandhal is allegedly involved in the distribution of double cheques of claims while serving as land acquisition collector. An accountability court had earlier awarded sentence to accused which was later set aside by LHC.

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Following an appeal by NAB, the apex court directed the high court to review its verdict.

On the other hand, the Supreme Court has confirmed grant of pre-arrest bail for former inspector general Sindh Ghulam Haider Jamali.

A two-member bench headed by Justice Umar Ata Bandial heard the case.

The court revoked the arrest warrants issued by the trial court against Jamali declaring that the warrants were issued in the light of high court orders but the trial court was supposed to pass appropriate verdict as per law.

During the hearing, Jamali’s counsel Latif Khosa said that the appointments of police constables were not directly linked with his client.

NAB’s counsel maintained that the anti-graft watchdog had completed its investigation after which a reference had been filed.

“The reference is currently being heard at an accountability court and that some witnesses have already recorded their statements in the case,” the counsel said.

He further said that hearing of the reference will be completed in a few months and NAB at the moment does not need to arrest Jamali.

“His arrest warrants have not been issued by NAB,” the counsel said.

Khosa replied that the trial court had issued pre-arrest warrants on behalf of the high court which needed to be revoked.

The top court revoked the arrest warrants and granted bail to the former IG.

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