LHC dismisses Hamza bail plea in assets case
LAHORE, Feb 11 (APP):A Lahore High Court (LHC) division bench on Tuesday dismissed a post-arrest bail petition, filed by Pakistan Muslim League-Nawaz (PML-N) leader Hamza Shehbaz in assets beyond means and money-laundering case.
The bench, comprising Justice Syed Mazahar Ali Akbar Naqvi and Justice Sardar Ahmad Naeem, heard the bail petition.
At the outset of the proceedings, senior lawyer Salman Aslam Butt, on behalf of Hamza Shehbaz, submitted that National Accountability Bureau (NAB) had arrested Hamza on charges of money laundering and making assets beyond means.
He stated that the anti-money laundering act was not applicable in the case. He submitted that all the amounts were received before the enactment of the act. He submitted that the first anti-money laundering ordinance was introduced in 2007, but it lapsed after 90 days. He stated that the second ordinance was promulgated in 2009 and the act was passed in 2010.
At this stage, Justice Naqvi remarked that it had been claimed by the defence that the bureau could not proceed under the anti-money laundering act.
Salman Butt replied in affirmative and submitted that the bureau could not look into the money-laundering issue as per Section 5 of the NAB Ordinance. He submitted that the NAB chairman also did not have the authority to issue the arrest warrants.
He submitted that if the bureau wanted to investigate such a matter, it would have to appoint an investigation officer, who could probe and issue the arrest warrants. However, all steps were taken against the law in Hamza case, he added.
In response to a court query, the NAB prosecutor stated that assets owned by Hamza increased to Rs 410 million till 2018. To which, the Hamza counsel submitted that he wanted to assist the court over the issue whereas the increase took place in the past 15 years.
At this stage, the court observed that it also wanted to know sources for increase in assets, adding that the counsel should satisfy the court on the sources of increase. Salman Aslam Butt submitted that all assets of Hamza were declared and also mentioned in the tax returns.
However, the court observed that it had been claimed that Hamza received money from his father and brother, then it should be told that how they received the money. The court further noted that it had not been informed about the sources of Hamza’s money.
Salman Butt stated that Hamza never received any kickbacks or bribe, adding that all assets were declared. The NAB counsel submitted that investigations were started against Hamza over allegations of money laundering and amassing assets beyond means. He submitted that the Shehbaz Sharif family owned assets worth Rs 60 million in 2000, but those increased to Rs 3,000 million in 2018. He stated that Hamza Shehbaz did not file tax returns from 2006 to 2008. He submitted that Hamza’s assets started to increase in 2009 and 23 different transactions took place in his account in 2009. After 2009, the foreign remittances were received in accounts of Hamza’s mother and brother, he added.
To a query, he submitted that amounts were sent from broad into account of Hamza and other family members. He stated that co-accused had stated that their identity cards were misused in the matter. He stated that three ‘benami’ companies were used for money laundering and transactions worth Rs 1.5 billion took place in Salman Shehbaz’s account, whereas Rabia Imran received Rs 550 million in her account and the same amount was transferred to Hamza.
At this, Salman Aslam Butt objected and stated that those relatives were being named who were not nominated in the case. Subsequently, the bench after hearing detailed arguments of both parties, dismissed the post-arrest bail petition of Hamza Shehbaz.
The bureau arrested Hamza Shehbaz on June 11, 2019 after he withdrew his pre-arrest bail petitions in Ramzan Sugar Mills and assets beyond means and money laundering cases. However, an LHC bench had granted post-arrest bail to Hamza in Ramzan Sugar Mills case on Feb 6.
