District and Sessions Judge Mujahid Mustaqeem Ahmed on Friday set free Moonis Elahi from custody after acquitting him in the National Insurance Corporation Limited (NICL) scam. While announcing the judgement, the court held that no charge of money laundering had been established against the accused in the NICL scam, thus his application stood accepted and he should be acquitted in the case.
The court had reserved the judgement on October 5 after concluding the arguments presented by both sides on an application filed by Moonis Elahis u/s 249/A CrPC, seeking acquittal in the case. Per details, the Federal Investigation Agency (FIA) registered two separate criminal cases against Moonis Elahi on December 27, 2010 and January 27, 2011, respectively, submitting that Moonis’ manger Muhammad Maalik opened two accounts in Allied Bank Limited New Airport and Dubai Islamic Bank Main Boulevard branches, where Mohsin Warriach deposited Rs 220 million in the first and Rs 100 million in the second account. FIA alleged that the money was actually taken by Moonis. Per FIA’s report, Malik had stated that he opened the accounts on Moonis’ instruction and an amount of Rs 220 million was allegedly transferred to that account.
During the hearing of application filed by Moonis Elahi, his counsels Malik Amjad Pervaiz and Rai Bashir Ahmad argued that all the private prosecution witnesses recorded their statements before the special judge banking offence, however, FIA authorities got their thumb impressions on blank papers and later used them for preparation of their statements to be produced against Moonis before the magistrate. They argued that their client has nothing to do with this scam. They had further argued that their client was neither a beneficiary of the amount, nor was he involved in the NICL scam. Moonis Elahi faced the NICL scam for seven months and four days.
Shujaat: PML-Q President Chaudhry Shujaat Hussain on Friday said his family had always reposed confidence in the free judiciary and Moonis Elahi’s acquittal was reflective of that freedom and victory of truth over fiction.
Talking to the jubilant leaguers and workers after the release of Moonis, he said our heads were bowed before Almighty Allah on Moonis’ acquittal, adding that the PML-Q was equally thankful to the judiciary. With reference to free judiciary in the country, Shujaat said Moonis returned to the country fearlessly after he heard of false cases against him, adding that he had complete faith in the integrity of institutions in the country. Senior PML-Q leader Pervaiz Elahi, PML-Q leaders Wajahat Hussain, Shafat Hussain and Rasikh Elahi have thanked the leaguers for their constant support.
No one is corrupt in Pakistan. The corruption should be considered a norm and free for all. Makhdoom Amin Faheem returned millions in this case and was declared innocent. So there was no NICL scam and all who looted can be heroes and enjoy the looted booty.
Bad!
Q league must be very happy now…their purpose for coming in gov is fulfilled…
INDEED
Wow no law on evidence and no law on witness protection…what did you expect!!! another disappointing day…we need change..PTI should mobilize soon or these looters will drink the last blood drop of Pakistan and run out of Pakistan!!!
shame on us, shame on us, the results seems to show a trend of corrupt nation.
Corrupt nationals are signing on the dealth of our mother nation and this is another signature.
lanat ho
shame shame courts
Moonis’ acquittal is the newborn son of PPP-PMLQ marriage
Zardari's new son renamed as "Chaudary Monis Ilahi Zardari"
very nice, ganjo ki tha
PPP-PML-Q join hands….
As long as the state of Pakistan and its institutions protect the corrupt and help them, as they have helped Moonis Elahi, this country and the future of its 180 million people is doomed. The real threat to Pakistan is not from the Taliban, because we recognize them, but from robber barons like the Chaudhries of Gujrat, the Zardari clan, Gillani, Babar Awan, Ch Ahmed Mukhtar, Watoo, Altaf Hussain, Babar Ghori, Aqeel Malik and likes of Farooq Sattar, who rule us by default.
Please do not forget the Sharif family, corruption personified.
New legislation is required but this group of Pakistani legislators do not have a clue what they are talking about. The decision by the court today was extremely shameful to say the least. The judge of the session court has not decided the case on true merit. In this case political manipulation was done at the highest level, evidence tempered and the judge influenced. This decision will go down in the history of Pakistan as the most controversial decision and may be used as a test case to teach the law students on how not to adjudicate.
Monis will come out and proclaim innocence which would be very damaging for Pakistan and its people.
NAB had investigated the case and hurdles were put in the path of Mr Zaffar Qureshi. A fellow reader has said about law on evidence and witness protection. I would include law on 'Perverting the course of Public Justice'.
Let’s see what happens in Butt and Asif case being heard in England. Mohammad Amir and Mazhar Majeed have already pleaded guilty. The crown prosecution service in the UK is a different department than the police.
The case is part heard in Southwark Crown Court and has been adjourned until Monday 10.00am. Case Number T 20117139 is being heard in Court Room 4. Full listings are available on the following web link
http://www.thelawpages.com/court-hearings-lists/S…
LIKE DADA (GRAND- FATHER LIKE SON). COMMONLY KNOWN AS CHOAR SEEPAHI- ZAHOOR ELAHI.
In 70's & 80's & then 90's Chaudhries , then called Chaudry Sahibans were saviour of teh nation, great patriots, Muslim leaguee, respectable family, & all that was due to their so called enmity with PPP, then anti establishment left wing party.
Now what Zardari sahib has done is that he is one by one stripping these honorable people, & making them "Nanga in the Bazaar"
Most of our GT road fellows don’t like to go into the details of history. they stick to the child hood prayer of "lab pay aati hai dua ban kar meri" without knowing the meanings. It will take some time when people will start challenging the sayings of buzargs. Presently the govt is encouraging people to challenge & not just follow like good followers. People now talk about welfare , electricity , corruption & right to speak instead " pakistan ka matlab Fkya" & shariat bill.
The Chief Justice personally supervised investigation & prosecution of this case. Speaks a lot about who is who & who is doing what.
Investigated & prosecuted by Chief Justice Pakistan, acquitted by District & Sessions Judge. Interesting!!!
Grand Son of CHOAR SEEPAHI ,
Its our mindset. i.e. we want decisions as per public preceptions , like medi evil times, no law , no defense & proseution by the public (Also as desired by my fellow bloggers. )this is also called talibanisation or i.e. man made laws by saying them sharia).
If CJ had investigated & came to conclusion then why did he allow the lower court to hear the trial. One of fellow blogger had given examples from British crown court without knowing that Pakistani legal system is based on British Law , which is based on evidence & not on public emotions. This publicly desired conviction is only possible under sharia (of course illiterate taliban based self proclaimed sharia, not under QURAN WHICH ASKS FOR EVIDENCE).
There seems to be collective lack of understanding on how the judiciary works in England and both in Pakistan and India.
The legal system in Pakistan is based on Government of India Act which was passed in August 1935 and implemented in 1937. This Act replaced the antiquated Government of India Act 1919. The present system of a central Government with Provincial Governments is based on the Government of India Act 1935. This Act abolished diarchy and gave a strong central Government.
The legal system in both Pakistan and India is fashioned on the British system. In very simplistic terms there is a judge who hears the case. The prosecution brings charges backed up by the evidence against the person and defence defends the person so charged by the prosecution. All three, the judge, the prosecution and the defence have three different domains and one cannot assume the role of the other. In simple words the judge cannot be a prosecutor. He hears the case brought against an individual by the prosecution and defence defends by the arguments.
The chief justice cannot be a prosecutor. CJs position is impartial. The Supreme Court asked the government to appoint Mr Zaffar Qureshi as the investigator for NAB who is not only the investigating agency but also the prosecuting agency in Pakistan.
The decision by the Session Court in Lahore was a travesty of justice. The justice was not seen to be delivered here. The responsibility now rests with Lahore High Court to take matters further, call for the records and examine what (evidence) was presented and what was withheld and not presented before the judge. There has to be a judicial review of this decision. This is vital for the rule of law, for the progress of Pakistan and security of its people.
The decision by the Session Court in Lahore was a travesty of justice. The justice was not seen to be delivered here. The responsibility now rests with Lahore High Court to take matters further, call for the records and examine what (evidence) was presented and what was withheld and not presented before the judge. There has to be a judicial review of this decision. This is vital for the rule of law, for the progress of Pakistan and security of its people.
Comments are closed.