Rawalpindi - The Lahore High Court (LHC), Rawalpindi bench, has set aside the judgement passed by the Accountability Court number III, Rawalpindi/Islamabad against Brig (Retd) Imtiaz Ahmad, Adnan A Khawaja and Nasreen Imtiaz and acquitted them of the charges.
The division bench of LHC comprising Justice Syed Muhammad Kazim Raza Shamsi and Justice Ali Baqar Najafi heard the appeals which were filed by the petitioners against the judgement dated 31.07.2001 passed by the Accountability Court number III, whereby appellants Brig (Retd) Imtiaz Ahmad (former Director Intelligence Bureau), Adnan A Khawaja and Nasreen Imtiaz who were convicted and sentenced under section 10 of the National Accountability Bureau Ordinance, 1999, informed LHC spokesman on Thursday.
The appellant Adnan A Khawaja was further sentenced to 2 years rigorous imprisonment with fine of Rs 200,000, he said. He added that convicts were also extended the benefit of section 382 CrPC. They were also disqualified for a period of 10 years, reckoning from the date of their release after serving sentence, from seeking or from being elected, chosen, appointed or nominated as member or representative of any public office, any statutory or local authority of government of Pakistan and would also be debarred to apply for or be granted or allowed any financial facilities in the form of any loan or advances or other financial accommodation by any bank or financial institution owned or controlled by the government for a period of 10 years.
He said that NAB Chairman filed a reference against Brig (Retd) Imtiaz Ahmad served as Director IB accusing him of accumulating vast properties both movable and immovable which appear to be disproportionate to his known sources of income, therefore, it was deemed necessary to conduct investigation to ascertain the facts. The accused was arrested and remanded to custody of NAB and the case was accordingly investigated during which the allegations were found correct. It was also found that co-accused Nadeem Imtiaz, Abdul Ghaffar Chohan, Shamshad Ali and Adnan A Khawaja aided and abetted principal accused brigadier in the acquisition of properties and assets for which they offered no explanation.
The investigating officer recorded statements of PWs, completed investigation and challaned the accused. The reference was filed against Brig (Retd) Imtiaz Ahmad, accused and others. However, Nadeem Imtiaz, accused did not appear in court and he was declared proclaimed offender. Abdul Ghaffar Chohan and Shamshad Ali, accused became approver. Only Brig (Retd) Imtiaz Ahmad and Adnan A Khawaja, accused faced trial.
He added that the accused Brig Imtiaz and Adnan A Khawaja, in this court and charges were framed against them to which they pleaded not guilty and claimed trial whereupon prosecution evidence was recorded. The prosecution examined 34 witnesses in all to prove its case.
On basis of the above stated reasons, LHC Rawalpindi Bench allowed these appeals, set aside the impugned judgment of conviction passed by the AC and acquitted the appellants and also release their properties mentioned in the judgment of trial court forthwith. The judgment was written by Justice Ali Baqar Najafi, he informed.