LAHORE – A Lahore High Court (LHC) division bench Monday adjourned thehearing of Abdul Aleem Khan’s bail petition till May 15.
The division bench, headed by Justice Ali Baqar Najafi, heard the bailpetition, filed by the former senior provincial minister in the offshorecompanies and assets case.
At the outset of the proceedings, the NAB prosecutor submitted that thebureau had written letters for seeking a record of Abdul Aleem Khan’soffshore companies and properties. He submitted that the reference would befiled as soon as the record was received from foreign countries.
He submitted that Aleem Khan’s assets increased manifold during a shortspan of time whereas the bureau had solid evidence against him.
However, Aleem’s counsel Barrister Ali Zafar submitted that his client wasbehind the bars since February 6. He said that as per law, the prosecutionwas bound to establish the case beyond a reasonable doubt, but it hadmiserably failed to prove anything against his client.
He said that the bureau had already admitted in its reply thatinvestigations were still underway and required further probe. It meansthat after completing investigations, a reference may or may not be filed,he added, saying that it was a case of further inquiry and the bail couldnot be withheld on the pretext of pending investigations.
He said that the bureau had alleged that Aleem Khan was a shareholder in acompany called AA (PVT) Limited, which acquired land with money gainedbeyond known sources of income. “NAB must, at least, prima facie establishthat there is some nexus between ill-gotten money amassed throughcorruption or abuse of power with the assets of the petitioner,” he added.
He submitted that the bureau had failed to prove any nexus yet, as therewas no allegation against his client that he committed any corruption ormisused the government fund as a minister from 2003 to 2007. He submittedthat in the absence of such an allegation, no offence could be made out.
Zafar also pointed out that AA (Pvt) Limited had declared all its assets tothe tax authorities and the tax authorities, through various orders, hadaccepted that the company had sources of funds to purchase the properties.
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Barrister Zafar submitted that since the source of funds accepted by theFBR was more than the assets, hence the offence under Section 9(a)(v) ofthe NAB Ordinance of possessing assets beyond means was not even primafacie established.
At this, the court directed NAB to establish at least a prima facie caseand gave two days time for bringing any statements of witnesses examined byit on the record. The court adjourned the further hearing till May 15.
Meanwhile, an accountability court on Monday extended judicial remand ofPakistan Tehreek-e-Insaf (PTI) leader and former senior provincial ministerAbdul Aleem Khan in assets beyond means case till May 27.
Accountability Court Judge Syed Jawadul Hassan conducted the caseproceedings wherein Abdul Aleem Khan was also produced.
National Accountability Bureau (NAB) officials apprised the court that thebureau had sought record regarding Aleem Khan’s offshore companies fromabroad. As soon as the record is received, the final investigation reportwill be filed in the court, they stated in response to a court query aboutthe reference. They requested the court for granting time for the purpose.
However, Aleem Khan’s counsel opposed the NAB request, saying that if therecord was not received from abroad on time then what will happen.
The court, after hearing detailed arguments of the parties, accepted theNAB officials’ request and adjourned the matter till May 27, besidesextending judicial remand of Aleem Khan.
