ISLAMABAD: The Accountability Court has rejected the application of accused who fled from the UK to Pakistan after involvement in £60 million mortgage fraud in 2004-06 seeking to set aside the embargo imposed on their properties.
The Accountability Court-I judge, Muhammad Bashir, while announcing its judgment turned down the application of the accused Nisar Afzal.
The National Accountability Bureau (NAB) Sohail Arif appeared before the court and requested to reject the application.
The court approved the NAB request.
The NAB has already seized properties of accused, Nisar Afzal and Saghir Ahmad Afzal, their family and relatives.
According to the NAB, accused Nisar Afzal could not provide any evidence of making assets worth billions of rupees.
According to the judgement, the NAB has issued fresh call up notice to the accused.
In the call up notice, it is noted that applicant and his brother, Sagheer Amar Afzal are involved in £60 million mortgage fraud in the UK in 2004-06.
Whereas, Saghir Ahmad Afzal pleaded guilty before the UK courts and was sentenced to undergo 13 years in prison for these offences.
However, he escaped from the UK to Pakistan along with part proceeds.
It says that an inquiry revealed that an aggregate amount of £26 million of alleged crime proceeds originated from the UK were ultimately received in Pakistan in the bank account of his family members.
It is further revealed that he acquired immovable properties in Pakistan in his own name and in the name of his relatives and associates.
In connection, thereof, he is in possession of information, which relates to the commission of offence of corruption and corrupt practices as provided under section 9 (a) (iv) and (xii) of the NAO, 1999 ordinance.
It says that applicant has not provided details of properties which are placed under caution.
Similarly, no request for approval of the court is made in respect of transfer of any right, title, or interest or creating of a charge on such property.
The applicant is seeking a sweeping order of the court to get the embargo imposed under section 23 of the ordinance set aside.
It is now well settled that this section of the NAO ordinance needs not any specific order to be passed by the NAB or the court regarding embargo, which come to life by operation of law.
A fresh call up notice has already been issued to the applicant.
The predicate offence has been reflected therein. Therefore, section 23 of the NAO, 199 is applicable and operative on this case.
It says that this court cannot grant entire relief requested for particularly for the reason that embargo on properties of accused person or any relative or associate of such person or any other person on his behalf is imposed by operation of law, ie, section 23 of the NAO, 1999.
No request for getting approval of this court is made regarding transfer of any right, title or interest or creation of the charge in such property within the meaning of proviso of section 23 as no detail of such property is provided by the applicant, application at hand is hereby dismissed with one exception that bank account shall remain operation, as deposits can be made and money can be withdrawn for personal use.
Copyright Business Recorder, 2021
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