SHC restrains NAB, FIA from arresting mayor’s coordinator
Seeks replies from NAB, FIA, home department, in corruption reference in fire department
KARACHI:
The Sindh High Court (SHC) issued notices to the National Accountability Bureau (NAB) and Federal Investigation Agency (FIA) on Tuesday while restraining them from arresting Karachi Mayor's Coordinator Masood Alam in the case pertaining to corruption in the fire department. A two-member bench headed by SHC Chief Justice (CJ) Ahmed Ali Shaikh and comprising Justice Omar Sial was hearing the plea filed by Alam.
Alam's counsel maintained that his client was going to attend the world mayors summit with Karachi Mayor Wasim Akhtar on October 8 but the FIA told him to exit the airplane as his name was on the Exit Control List. The counsel said that there was the possibility of NAB including his client in the corruption investigation in the fire department. The counsel prayed the court to restrain NAB officials from arresting him and sought bail of his client.
The court issued notices to the home department, NAB and the FIA seeking their reply and restrained them from arresting Alam November 21.
Plea rejected
The same bench rejected the plea filed by NAB against the verdict given by the accountability court pertaining to NAB's investigation against former federal minister Kamran Michael.
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The NAB prosecutor maintained that the accountability court sent Michael to prison on judicial remand instead of granting physical remand of Michael. The prosecutor prayed the court to grant physical remand of Michael as further interrogation of the accused was required.
The court observed that Michael has been granted bail and NAB could investigate the case as it wanted to. The bench rejected NAB's plea against the accountability court's verdict.
Bail extended
Meanwhile, the bench extended the interim bail of Sharjeel Memon and others accused in the reference pertaining to assets beyond means and money laundering while seeking arguments from the parties.
The investigation officer (IO) submitted the details of the reference against Memon and others. According to his report, Memon's wife, Sadaf Sharjeel, his mother, Zeenat Inam Memon, Zeeshan, Izhar Hussain, Muhammad Suhail, Saifullah Lohar, Agha Ahsan, Shaukat Ali Thebo, Wasim Akhtar Thebo, Kamran, and one other person have been nominated in the reference. The report stated that there was evidence against the accused and the complete record of the assets beyond means of the accused was also present. According to the report, the accused committed corruption of over Rs2.27 billion.
The court adjourned the hearing till December 6 while directing the parties to give arguments at the next hearing.
Dr Asim case
The bench sought arguments from the counsels over the filed against the accountability court's rejection of the plea seeking the acquittal of the accused Dr Asim Hussain, Iqbal Z Ahmed and Basharat Mirza in the corruption reference of Rs17b.
Iqbal Z Ahmed's counsel Farooq H Naek's assistant lawyer said that Naek was busy in Islamabad and hence could not appear before the court.
The court asked the assistant lawyer why he couldn't give the arguments himself. The lawyer maintained that he has to take guidelines from his seniors.
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The court sought arguments from the counsels on December 10.
Bail pleas
Meanwhile, the bench adjourned the hearing of the reference pertaining to illegal appointments in illegal appointments in Sindh Small Industries till today (Wednesday) due to the absence of a co-accused. The bench was hearing the bail pleas of the Muttahida Qaumi Movement leader Rauf Siddiqui and other accused in the reference.
Siddiqui's counsel advocate Shaukat Hayat said NAB had nit-picked a reference against his client. He maintained that Siddiqui attended the board meeting but did not sign the approval summary. Three ministers were also nominated in the reference but their names were removed, he said.
NAB prosecutor Riaz Alam maintained that the summary of direct appointments is not signed.
The arguments on Siddiqui's bail plea were completed.
Accused Sarwat Fahim's counsel argued that his client had been charged with fake allegations while the prosecutor maintained that Fahim issued the salaries of 170 employees.
"We all know what kinds of circumstances were present at that time. Even a clerk was powerful [at the time]," remarked bench.
The court confirmed the bail of co-accused Sarwat Fahim and adjourned the hearing due to the absence of another accused.
Published in The Express Tribune, November 13th, 2019.
The Sindh High Court (SHC) issued notices to the National Accountability Bureau (NAB) and Federal Investigation Agency (FIA) on Tuesday while restraining them from arresting Karachi Mayor's Coordinator Masood Alam in the case pertaining to corruption in the fire department. A two-member bench headed by SHC Chief Justice (CJ) Ahmed Ali Shaikh and comprising Justice Omar Sial was hearing the plea filed by Alam.
Alam's counsel maintained that his client was going to attend the world mayors summit with Karachi Mayor Wasim Akhtar on October 8 but the FIA told him to exit the airplane as his name was on the Exit Control List. The counsel said that there was the possibility of NAB including his client in the corruption investigation in the fire department. The counsel prayed the court to restrain NAB officials from arresting him and sought bail of his client.
The court issued notices to the home department, NAB and the FIA seeking their reply and restrained them from arresting Alam November 21.
Plea rejected
The same bench rejected the plea filed by NAB against the verdict given by the accountability court pertaining to NAB's investigation against former federal minister Kamran Michael.
NAB files reference against Khawaja Anwar Majeed
The NAB prosecutor maintained that the accountability court sent Michael to prison on judicial remand instead of granting physical remand of Michael. The prosecutor prayed the court to grant physical remand of Michael as further interrogation of the accused was required.
The court observed that Michael has been granted bail and NAB could investigate the case as it wanted to. The bench rejected NAB's plea against the accountability court's verdict.
Bail extended
Meanwhile, the bench extended the interim bail of Sharjeel Memon and others accused in the reference pertaining to assets beyond means and money laundering while seeking arguments from the parties.
The investigation officer (IO) submitted the details of the reference against Memon and others. According to his report, Memon's wife, Sadaf Sharjeel, his mother, Zeenat Inam Memon, Zeeshan, Izhar Hussain, Muhammad Suhail, Saifullah Lohar, Agha Ahsan, Shaukat Ali Thebo, Wasim Akhtar Thebo, Kamran, and one other person have been nominated in the reference. The report stated that there was evidence against the accused and the complete record of the assets beyond means of the accused was also present. According to the report, the accused committed corruption of over Rs2.27 billion.
The court adjourned the hearing till December 6 while directing the parties to give arguments at the next hearing.
Dr Asim case
The bench sought arguments from the counsels over the filed against the accountability court's rejection of the plea seeking the acquittal of the accused Dr Asim Hussain, Iqbal Z Ahmed and Basharat Mirza in the corruption reference of Rs17b.
Iqbal Z Ahmed's counsel Farooq H Naek's assistant lawyer said that Naek was busy in Islamabad and hence could not appear before the court.
The court asked the assistant lawyer why he couldn't give the arguments himself. The lawyer maintained that he has to take guidelines from his seniors.
Removal from ECL: 'Nawaz rejects govt's conditional permission'
The court sought arguments from the counsels on December 10.
Bail pleas
Meanwhile, the bench adjourned the hearing of the reference pertaining to illegal appointments in illegal appointments in Sindh Small Industries till today (Wednesday) due to the absence of a co-accused. The bench was hearing the bail pleas of the Muttahida Qaumi Movement leader Rauf Siddiqui and other accused in the reference.
Siddiqui's counsel advocate Shaukat Hayat said NAB had nit-picked a reference against his client. He maintained that Siddiqui attended the board meeting but did not sign the approval summary. Three ministers were also nominated in the reference but their names were removed, he said.
NAB prosecutor Riaz Alam maintained that the summary of direct appointments is not signed.
The arguments on Siddiqui's bail plea were completed.
Accused Sarwat Fahim's counsel argued that his client had been charged with fake allegations while the prosecutor maintained that Fahim issued the salaries of 170 employees.
"We all know what kinds of circumstances were present at that time. Even a clerk was powerful [at the time]," remarked bench.
The court confirmed the bail of co-accused Sarwat Fahim and adjourned the hearing due to the absence of another accused.
Published in The Express Tribune, November 13th, 2019.