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No ulterior motives found on NAB's part, says IHC on dismissal of Zardari and Talpur's bail pleas
The Islamabad High Court (IHC) on Tuesday said that white-collar crimes are "not easy to deduct and trace" and therefore, the National Accountability Bureau (NAB) required custody of former president Asif Ali Zardari and his sister Faryal Talpur.
The order also stated that "no mala fide or ulterior motives" were found on NAB's part "which is the core principle for grant or refusal of the bail before arrest".
Last week, the high court had dismissed the applications for a pre-arrest bail by Zardari and Talpur in the fake accounts reference. Following the dismissal, Zardari was arrested by a 15-member NAB team while his sister, Talpur, was taken into custody on June 14. Both PPP leaders are in NAB custody on remand.
Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, who announced the verdict, in their written order issued on Tuesday said that white-collar crimes are "not easy to deduct and trace and cannot be equated with other general offences".
"The accused persons are to be confronted with the documents and inquire about the same repeatedly in order to build up the chain." It stated that for this purpose, the NAB authorities required custody of the petitioners.
According to the order, the legal counsel for the petitioners had argued that since a reference had been filed, NAB Chairman Justice (retd) Javed Iqbal had "no lawful authority" to execute arrest warrants. They had also said that as bonds had been furnished, the petitioners could not be arrested.
The IHC order noted that the furnishing of bonds does not bar NAB from making an arrest regarding an investigation in the case. It stated that the bond is submitted "only for personal appearance" before the court.
According to the order, the argument that the accountability bureau chairman did not have the authority or jurisdiction in the matter was "without substance". The order stated that under Section 24(a) read with Section 24(c) of the National Accountability Ordinance (NAO) 1999, the chairman could issue arrest warrants even after a reference was filed.
It noted that the matter was still being investigated and the reference was just an aspect of the case which had been transferred to an accountability court in Islamabad.
"NAB never really investigated and inquired into the matter and only became seized of it by the direction of the Hon’ble Supreme Court of Pakistan and is still investigating the same," the order read.
"The investigation in the matter is by no means over," it stated, adding: "The prosecuting agency i.e. NAB categorically submitted that money trail is linked with the petitioners and their custody is required for investigation."
Additionally, the IHC judges said that in light of the facts and circumstances "no mala fide or ulterior motives" could be "attributed to the respondent which is the core principle for grant or refusal of the bail before arrest".
Comments (22) Closed
excellent decision.
Great!
Correctly points out ...... but the working of NAB gives rise to a perception that could point in the opposite direction.
Entirely agree with the judgement of honorable judges.White collar crime is difficult to detect and requires that all possible methods be used to investigate the crime.In Pakistan white collar crime has flourished due inadequate investigative skills and lack of motivation on the part of investigative agencies, In the instant case,but for the push from the supreme court,not much headway could have made. This is a test case for Pakistan and should be supported by all institutions,if we want to make a difference for progress of Pakistan as a proud nation in the world. And NAB should be strengthened with additional resources.Present chairman is doing a fine job
Finally, we can have hope that all white collar criminals will be held accountable and the court will not allow them to escape on technicalities or any loopholes in the law
The rich and powerful always find loopholes to escape.
Speedy justice will set the course for the country's development and due punishment and recovery of looted amount will be a solid deterrence for those planning corruption.
Examples must be set for future generations. Corruption and Quisling "Mir Jafar" type of people can not be tolerated in any progressive country.
Any person who cannot be bought by any one for any price, irrespective of any sorts of pressures, blackmailing, threats or otherwise, could only perform the job as required of NAB. Those with a clear background who are interested in getting the job raise their hands.
To arrest and refusal bail plea to a former Pakistan President who is internationally known figure , only for investigation, shows political victimization. NAB shall make strong case with unquestionable substance in order to prove that the arrested people are directly involved in legal case. it is like a media trial and just to keep some entity happy that a opposition leader is caught and whole opposition politicians are corrupt and dishonest to nation. Common man can easily ask question as to why he had been awarded bail before arrest from Dec onward and at the time when some dangerous conditions are prevailing in country and to divert such highly censurable actions one has to divert masses to see other directions. Also judges has remarked that white-collar crimes are "not easy to deduct and trace shows that there is no strong document or physical substance with NAB at this time.
Correct Ruling...
First time I can remember IHC putting people first!
In the photo brother and sister pose like royal family
Good.
House them in a normal prison with common thieves, believe me in two days they will return the money.
As far as judiciary is concerned: so far so good. Keep up the good work.
I thought everyone IK followers and Paan wala have solid proofs and evidence for PPP and NS corruption. What happened now
Punish them.
@Concerned, .... Fake bank accounts in this case are all the physical evidence needed. Some people creating these accounts are ready to talk so the can escape jail.
@Shah, ... There is only one future generation. 50% of Pakistan's people are under 19. This is the future generation that will tip the scale one way or the other.
@AW, Nation should thank that cases were transferred to IHC otherwise it would have been over by now. Zardari still believe that he will never be charged by giving victory signs all the time.
Since day one PPP is trying to convert the arrestation of corrupt mafia As a political victimisation which we know is not true especially after Assets beyond known income have been exposed. But somehow PPP only choice is to divert this case into political victimisation in order to get relief on behalf of human rights (political victimisation).
This is a challenge for us as a nation, we have to discourage every technical, political, constitutional & propagational move of corrupt mafia.