Mere Irregularity not Crime if no Evidence of Dishonest Financial Benefits
ISLAMABAD, July 02 (Online Int’l): Accountability Court (AC) Islamabad has issued a detailed verdict on the acquittal of former Prime Minister Raja Pervez Ashraf in the Sahiwal Rental Power case under NAB amendment ordinance-2019.
The court remarked that under article 264 of the constitution, the petitioner can get relief even after the expiry of the period of ordinance.
The court remarked that when Raja Pervez Ashraf filed an acquittal petition the ordinance was functional. As per NAB amendment ordinance-2019 the case of misuse of power cannot be made out against Raja Pervez Ashraf.
It was further said in the decision that according to a witness, 7 percent amount which was given to the company as advance was also withdrawn. As per Supreme Court orders, NAB was to investigate whether the accused had reaped any financial gains from the project. No evidence of acquiring any financial gains from the project by the accused was presented by NAB. If there is no evidence of harvesting financial benefits dishonestly, then mere irregularity can not be termed a crime.
It was stressed in the verdict that it is necessary for the prosecution that it should first of all satisfy the court that a case can be made against the accused. If the case can be made out only then is the reference filed.
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