LAHORE: As Punjab’s former senior minister Abdul Aleem Khan is yet to be released from jail, detailed verdict on his bail petition issued by the Lahore High Court on Thursday pointed out flaws in investigation by the National Accountability Bureau (NAB) against him on charges of possessing assets beyond means.

Addressing the prosecution’s allegations one by one, judges of a two-member bench observed that incriminating material had not been collected by the NAB against the petitioner to establish the charges.

The bench comprising Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem had allowed bail to Mr Khan the other day. The Pakistan Tehreek-i-Insaf leader was directed to furnish bail bonds in sum of Rs1 million.

He is likely to be released from the jail on Friday (today) after issuance of his robkar (release document) by the trial court.

The bench, in its verdict, noted that the NAB traced foreign as well as local bank accounts of the petitioner, but failed to present bank statements of these accounts before the court.

Former senior minister may be released today

It said the allegation that Khan’s properties were undervalued could neither be substantiated on the basis of comparative rates prevalent at the time of transaction or DC rate with reference to the type of land.

The bench observed that in a case of assets beyond means the prosecution was required to initially share the burden of proof and then the onus was shifted to the accused to show that he had purchased properties out of known sources of income.

“So far the prosecution had not been able to show the exact properties which the petitioner had [allegedly] purchased or built up from the transactions,” the bench observed.

It further observed that interestingly there was no allegation of corruption and corrupt practice during the period the petitioner remained provincial minister for information technology.

“For offence under section 9 (a) (v) of NAO 1999 the prosecution has to establish firstly that the accused was holder of public office, secondly the ownership and value of the assets, thirdly known sources of income dug out by the prosecution after thorough investigation and fourthly the properties have been in possession of the accused disproportionate to his known sources of income,” the bench ruled relying on a famous 2007 judgment of the Supreme Court in a case against Hakim Ali Zardari, the father of PPP co-chairman Asif Ali Zardari.

The bench also observed that the NAB chairman was yet to form his opinion whether to file reference against the petitioner since the information sought from UK government on Mutual Legal Assistance was still awaited which admittedly would consume considerable time.

“Therefore, the petitioner cannot be detained for such unforeseeable period,” said the bench and added: “We are of the considered and affirm view that so far case of the prosecution against the petitioner needs further investigation.”

Published in Dawn, May 17th, 2019