ORDER SHEET
Cr. Accountability Appeal No.17 of 2008
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Order with signature of Judge
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1. For hearing of Nazir Reference dated 15.12.2008.
2. For Regular Hearing.
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17.06.2009.
M/s. Mehmood A. Qureshi and Jamshed Iqbal, advocates for the Applicant.
Mr. Muhammad Aslam Butt, DPGA, NAB.
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QAISER IQBAL-J: This Cr. Accountability Appeal has arisen out of the order dated 25.08.2008 passed by the learned Accountability Court No. III, Sindh, Karachi whereby four accounts of the Appellant were directed to be freezed, in Reference No.26/2007.
Learned counsel for the Appellant has contended that after registration of the reference against the Appellant and others, four accounts of the Appellant were ordered to be freezed upon an application moved by the Special Prosecutor for NAB under Section 12 of the National Accountability Ordinance, 1999. The impugned order per-se is illegal devoid of law, as the money collected through corruption and corrupt practices could be the subject matter of the freezing in terms of law.
It is next urged that the Appellant was employee of Pakistan International Airlines Corporation and the amount received by him upon his retirement by way of provident fund commutation of pension were transferred to his account, were invested substantially in National Fullerton Asset Management Limited (NAFA).
When confronted with the legal position, as to whether money acquired by way of gratuity and commutation of pension, could be termed as illegal money within the four corners of special law, learned DPGA, NAB has fairly conceded, did not support the impugned order.
We have considered the arguments of learned counsel for the parties advanced at bar, perused the record of the case.
Before adverting to the contentions raised by learned counsel for the Appellant, Section 12 (a) of the National Accountability Ordinance, 1999 is reproduced herein below in extensor:-
“The Chairman NAB or the Court trying a person for any offence as specified under this Ordinance, may, at any time, if there appear reasonable ground for believing that the accused has committed such an offence, order the freezing of his property, moveable or immovable, or part thereof, whether in his possession or in the possession of any relative, associate or person on his behalf.”
Section 12 of the Ordinance, 1999 vests ample power to the learned Trial Court for freezing of assets, initially the Chairman NAB may proceed to freeze moveable or immovable property of an accused which will remain in force only for 15 days, unless it is confirmed by the Trial Court. In the instant case, order of freezing dated 14.12.2007 was passed by the Chairman NAB remained in force upto 28.12.2007.
Adverting to second contention raised at bar, Section 5 (c) of the National Accountability Ordinance, 1999 provides definition of assets, which means any property owned, controlled by or belonging to any accused, whether directly or indirectly, or held benami in the name of his spouse or relative or associates, whether within or outside Pakistan, or for which accused cannot reasonably account or for which cannot prove payment of full and lawful consideration.
Applying above definition to the instant case, it is borne out that the money deposited in the Appellant’s accounts was not acquired by corruption and corrupt means nor does it come within the purview of definition of ‘assets’ as provided under the Ordinance, 1999.
We are of the considered view that impugned order is not sustainable in law, hereby stands set aside, consequent thereupon, accounts of the Appellant mentioned herein below are hereby de-freezed;-
1. Bank Account No.0034-0003018-0300 PICIC Commercial Bank DHA, Phase IV Branch, Karachi.
2. Bank Account No.01-1650012-0 Askari Commercial Bank Limited, Khayaban-e-Itehad Branch, Phase VII, DHA, Karachi.
3. Bank Account No.1823-31, HBL, PIA Airport Branch, Karachi.
4. All types of investment in National Fullerton Asset Management Limited (NAFA).
Cr. Accountability Appeal No.17 of 2008 stands allowed in above terms.
JUDGE
JUDGE
MUBASHIR