Contractor granted bail by SC

Published February 10, 2002

ISLAMABAD, Feb 9: The supreme court has granted bail to a businessman, arrested by the NAB authorities on charges of depriving the national exchequer of huge amounts in connivance with the bank officials.

The SC bench, comprising Justice Munir A. Sheikh, Justice Rana Bhagwandas and Justice Mian Mohammad Ajmal, after hearing Khalid Anwar, counsel for the petitioner and Afzal Siddiqui, counsel for the NAB, granted bail to Rafiq Memon, who is behind bars for three months. Bail request, made by his father on his behalf, was rejected by the SHC.

The court ordered that it was open to the accountability court to freeze the accounts of the accused.

The petitioner had contended that all those public office-holders, who had allegedly connived with him in the commission of the alleged corruption, were not touched by the NAB.

Khalid Anwar argued that at least 20 officials were involved in the alleged corruption case and if the award of the contract to his client was wrong then all those officials should also be taken to task.

Attempting to establish a case of discrimination, the counsel contended that his client was awarded the contract for the construction of a building and later selling it, and he was charged for corruption. But those, who awarded the contract in their capacity as members of the board and approved the selling, have not been touched.

Khalid Anwer argued that the NAB law was mainly enacted to check corruption by the public office-holder, but in instant case a distinction has been made as no government official has been charged or arrested, or any case filed against him or her.

Advocate Mohammad Afzal Siddiqui, representing the NAB, argued that the accused had deprived the national exchequer of huge amounts, running in millions.

He said that the public office-holder, Jaffery, head Sindh Cooperative Bank, with whom the petitioner’s son was in connivance, had died.

The NAB counsel opposed the grant of bail.

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