ISLAMABAD: The Islam­abad High Court on Monday dismissed bail petitions of leading banker Hussain Lawai and former director general parks of the Karachi Metropolitan Authority (KDA) Liaqat Ali Qaim­khani in the fake bank accounts case. The court, however, granted bail to banker Taha Raza, another accused in the case.

The IHC had earlier granted them bail after the government introduced the social distancing policy to contain the spread of coronavirus, observing that the country’s jails were overcrowded, lacked proper health facilities and could not maintain necessary social distance.

However, the Supreme Court, while taking up a petition, overturned the IHC order and directed that all the under-trial prisoners and convicts released because of the coronavirus threat be rearrested.

An IHC division bench comprising Justice Mohsin Akhtar Kayani and Justice Lubna Saleem Pervez heard the identical petitions of the accused in the fake bank accounts case.

Syed Ashfaq Hussain Naqvi, the counsel for Hussain Lawai, argued that his client was a renowned banker who rendered his services to various banks with utmost dedication, honesty and integrity. He said the allegations leveled by the National Accounta­bility Bureau (NAB) against Mr Lawai were baseless and added that NAB had admitted in its report that evaluation of the mortgaged property was conducted by the agency concerned and the finance facility was extended by the bank after obtaining legal advice from its advisers.

“The facility was extended in a normal course of banking practice and NAB has highlighted only minor discrepancies in the course of approval and disbursement of facility. That being said, even the discrepancies that were highlighted do not pinpoint any illegality in the extending of the facility. The allegations against the petitioner are based on mere presumptions and devoid of any concrete evidence. The reports submitted by the JIT or by NAB do not connect the present petitioner with commission of any offence(s), thus the petitioner is entitled for the concession of the bail,” the counsel argued.

He said that on the one hand NAB admitted that other accused persons had obtained the fraudulent facility by defrauding the bank authorities through dishonest disclosures, false and fictitious documents and misappropriated the facility and, on the other, alleged that Mr Lawai, along with other bankers, had played a vital role in preparation, processing and approval of the fraudulent proposal. “This stance is thereby self-contradictory,” he contended.

Liaqat Qaimkhani’s lawyer argued that his client had been arrested on charges of illegal allotment of the Bagh Ibn-i-Qasim land to real estate entity Bahria Town for its Icon Tower in Karachi. He said Mr Qaimkhani had retired when the land was occupied. NAB tried to arrest him in the assets case but didn’t get the permission for it, the lawyer told the court.

On Sept 19 last year, NAB raided Mr Qaimkhani’s house and found a treasure trove of 243 valuable items.

NAB prosecutor Barrister Rizwan informed the court that two kilograms of gold had been found in Mr Qaimkhani’s house and claimed that latter had been evading tax too. The former KMC official also owned 28 plots, he said, adding that some plots were in daughter’s name while others in his nephew’s name.

The NAB prosecutor said the investigation team was now looking into Mr Qaimkhani’s assets and he was not cooperating with it.

The court, however, granted bail to Taha Raza who allegedly abetted in the crime. The court reserved its decision on the post-arrest bail of Khursheef Jamali, another accused in the case.

Published in Dawn, April 21st, 2020