Lahore, 8th May: On what grounds did the Lahore High Court (LHC) grant bail to PML-N President Shahbaz Sharif. A detailed decision has been issued in this regard.
A three-member bench comprising Justice Ali Baqir Najafi, Justice Shahbaz Rizvi and Justice Alia Neelam passed the 27-page judgment.
The detailed judgment of the apex court said that the prosecution is expected to demonstrate a high standard of ethics.
The detailed document is attached below:
The decision said that the NAB had also alleged that the party’s political supporters had given a certain amount of money in the party’s funds which were used for the personal benefit of the petitioner.
The High Court said that if this was the case, the dispute would have been mostly between two persons or on a matter by the Election Commission of Pakistan (ECP) proposing a money trail to collect party funds from some unwanted persons.
The court said on this occasion that if there were party funds then why the Election Commission was not approached.
The court also said that why did NAB did not inquire into these allegations on time?
In the case of Brig. (R) Imtiaz Ahmed, the prosecution produced the income tax and wealth tax documents of the accused but failed to find any other source of income and the ingredients of Benami Transaction of his wife could not be established.
Hence, it is now law that transaction in the income tax return carries the presumption of truthfulness.
In Abdul Aleem Khan versus The State etc (W.P. No. 16630 of 2019) decided on 15.05.2019 the bail was granted by this Court also on the ground that the properties were declared in the income tax returns.
Even the Hon’ble Judge (Asjad Javed Ghural) developing a difference of opinion in the present case has already granted bail in W.P. No. 3623 of 2021 (Mazhar Hussain Asif versus National Accountability Bureau, etc) while referring to the source of money declared in the tax returns.
The detailed judgment said that allegations of corruption against a public representative cause political damage which is a form of defeat.
According to the court decision, it is our responsibility to keep in mind the basic principles of individual freedom. Bail is accepted or rejected based on the basic principles of freedom.
The detailed verdict said that bail could not turn a blind eye to the principles of post-arrest freedom, adding that the Shehbaz Sharif case required further inquiry.
The Lahore High Court in its detailed judgment said that Shehbaz Sharif did not buy any property nor did he own it.
The court’s decision further said that no direct evidence was given that Shehbaz Sharif’s family members were under his care.
The detailed judgment of the court has relied on 5 important decisions to grant bail.