Dear
@volatile Here is an extract from NAB ordinance. I am summarizing the case in the simplistic form based on above extracts of law and you can ask if you need any further information. Now this is the most honest attempt with law, explanation and everything to convince you and even after that you keep on defending NS then either your intellect level is way below or you are a paid nooni ... However, if you want to debate on legal and logical grounds I am ready ...
@Shane @PakSword @QatariPrince @PakPak @Zibago @Devil Soul @Arsalan @war&peace @Zarvan @notorious_eagle @syed1 @Path-Finder @Shane @Farah Sohail ... Guys below extracts of NAB ordinance for your information as well.
Definitions:
"Assets" 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 relatives or associates, whether within or outside Pakistan
3* which
4[he] cannot reasonably account
2[for], or for which
4[he] cannot prove payment of full and lawful consideration.
“benamidar” means any person who ostensibly holds or is in possession or custody of any property of an accused on his behalf for the benefit and enjoyment of the accused;]
9 (a) A holder of a public office, or any other person, is said to
commit or to have committed the offence of corruption and corrupt practices-
(v) if he or any of his
dependents or benamidar owns, possesses, or has acquired right or title in any “assets or holds irrevocable power of attorney in respect of any
assets orpecuniary resources
disproportionate to his known sources of income, which he cannot reasonably account for or maintains a standard of living beyond that which is commensurate with his sources of income
(vii) if he has issued
any directive, policy, or any SRO (Statutory Regulatory Order) or any other order which grants or
5[attempts to grant] any undue concession or benefit in any taxation matter or law or otherwise so as to benefit himself or any relative or associate or a benamidar or any other person. (THE CURRENT AMNESTY SCHEME WHERE DECLARATION OF PROPERTY is included falls under this category as declaration of property in no means will bring beenfit to Pakistan as the property will remain outside Pakistan - The Avenfield appartments)
30. (a) Notwithstanding anything
3[to the contrary] contained in
4[this Ordinance] or any other law
5[for the time being] in force, on pronouncement of judgment, the
6* Court shall have the jurisdiction and power to take cognizance of an offense committed in the course of the investigating or trial of a case by any officer, any witness, including an expert, who has tendered false evidence in the case, whether he deposed in court or not, or any other person, under section 176 to 182 of Chapter X, or section 191 to 204, or 211 to 223, or 225-A of Chapter XI, of the Pakistan Penal Code 1860 (Act XLV of 1860 ), or under any other law relating to false evidence and offences against public justice, and to summarily try him and award punishment provided for the offence under the law.
EXPLANATION:
The case is simple, NAB and JIT has accused MN and his other siblings to be Baynamidar of NS and has produced
circumstantial evidence that these apartments are owned by MN. Since MN do not have any source of income, therefore, she cannot have these assets other than from illicit sources. The only possible source of illicit money can be her father or her uncle (SS) who are holding public offices for more than three decades.
turning the case in NS favor is very simple. He is saying that properties were transferred to him as a settlement in 2006 so in his support he can simply provide
transfer deed of properties registered with governments mentioning the dates of 2006. But this will resolve just one query that i.e. flats were purchased in 2006. THen second query is they were financed by Qatari Shiekh hence in those
transfer document seller must be Qatari prince Hammad bin Jassim. Third question will then arise why this property was transferred to just one grand son of NS, where as there are other grand son and daughters, for which
they need a will (That will can also be verified through ink dating)... If proper will do not exist than again it will become a case of bribery... As none of this exists therefore Khwaja Harris has not provided a single piece of evidence...
As it is already established that properties are in
possession (refer law above) of NS dependants
(Benamirdar) since 1990s and same is on record and also accepted by accused themselves and while reconciling them with tax returns of NS and his dependants they are beyond their known source of income and hence as per section 9a(v) falls under corruption.
Now the word
possession is important as it
does not means own. Now NAB has provided sufficient evidence of possession including bills, trust deed, fake documents.
NAB and JIT has already proved that NS is falling under section9a(v) of NAB ordinance and now in order to prove otherwise NS has to simply provide the proof as mentioned above which should be easily available as a circumstantial evidence even if he cannot provide money trail of 70s by which funds were originally transferred to Qatar ...
However, whatever he is providing are non-conclusive and most of that are proving to ve fake. His lawyers are just wasting time to create a political issue by asking a question whose obvious answer is in political favor of NS. For example: do NS owns the legal right of property? Everyone knows its not NS, but his dependants and benamidar but Khwaja Haris is asking just to give a political narrative and we an uneducated and fool nation buying that narrative.
Let me assure you NAB is still handling this case very lightly if I would have been part of this team, I would have gone in public by leaking the case proceedings and documents to destroy NS lies all together ...
And with my experience this is very very very simple case and only a bad *** corrupt judge can give him clean chit but that would also mean the destruction of Pakistan. This case is going to be used as case law in many future cases and if such a simple and open case is decided in favor of NS then our country will be on time bomb.
