ISLAMABAD - The Islamabad High Court yesterday turned down a plea of the National Accountability Bureau seeking judicial custody of Capt (r) Muhammad Safdar in the Avenfield Properties corruption reference.
An IHC division bench, comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, announced the verdict which had been reserved after hearing arguments from both the sides.
During the hearing, NAB Prosecutor Sardar Muzaffar Abbasi had contended that the anti-graft body was directed by the court to execute non-bailable arrest warrants and they carried it out it by arresting him.
He had argued that the arrest warrants could not be treated like summons and that order of the trial court to release the accused on bail was illegal as only a high court division bench could grant the bail under the NAB laws and the trial court had no powers in this regard.
The IHC bench had questioned the prosecutor whether the NAB always sought permission from the trial court before arresting an accused. The prosecutor had replied that they were only praying for the judicial custody of the accused and they had made the same request to the accountability court.
Justice Kayani had remarked that a court only had to ensure the presence of the accused during the hearing while putting an accused behind bars was the mandate of an investigation agency.
The IHC judge said the NAB could arrest the accused at any stage of investigation and it was the right of an accused to file a pre-arrest bail application. The bench said if the NAB prosecution wanted custody of the accused, it should tell the authorities concerned to issue an order in this respect.
Amjad Pervez, counsel for Capt (r) Safdar had contended that the only purpose of the non-bailable arrest warrants was to ensure the presence of the accused in the court and if an accused appeared or was produced before the court by the investigation, he could submit surety bonds for his release under Section 19 of the Criminal Procedure Code.
On October 2, 2017, an accountability court in Islamabad had issued non-bailable arrest warrants for Safdar. He was granted bail on October 9 after he was arrested by NAB officials at the Islamabad airport soon after his arrival from London.
Earlier, the accountability court had issued non-bailable arrest warrants for Safdar after he failed to show up despite court summons.
The NAB had made Capt (r) Safdar and the accountability court respondents. In its plea, the NAB had said that Safdar was an accused in the Avenfield Properties corruption reference and the trial court had summoned him to appear before the court on September 19. After he failed to appear before the court, the accountability court re-summoned him for September 26, but then even he did not appear. On October 2, the accountability court issued non-bailable arrest warrants for him. Later, the NAB arrested the accused and produced him before the court. The petition said the accountability court, instead of remanding him to the judicial custody of the NAB, issued his bail orders against Rs 5 million surety bonds, which was unlawful.
The NAB had taken the plea that the accountability court had no powers to grant bail to the accused under Section 9(b) of the National Accountability Ordinance (NAO), 1999.
It had prayed to the court to annul the trial court order and remand the accused to the NAB’s judicial custody.
Meanwhile, the National Accountability Bureau has decided to challenge the Islamabad High Court decision regarding the bail petition of Capt (r) Muhammad Safdar in the Supreme Court.
SHAHID RAO