LAHORE: An accountability court on Wednesday acquitted PML-N’s former MPA Hafiz Mian Muhammad Nauman and two others in a reference of alleged corruption in awarding a Lahore Parking Company contract.

The NAB had accused Mr Nauman of misusing his authority as LPC chairman in awarding a contract for modernisation of the parking facilities. The company’s former chief executive officer Taseer Ahmad and former managing director Usman Qayum were facing same charges.

The suspects had filed applications under section 265-K of Code of Criminal Procedure (CrPC) for their acquittal.

Presiding Judge Amjad Nazir Chaudhry had reserved verdict on the applications which he announced on Wednesday in the presence of the suspects.

Besides rejecting the allegations leveled by the prosecution, the suspects also sought their acquittal in the light of a 2019 amendment introduced in section 9 (a) of the National Accountability Ordinance 1999.

The amendment explains that no offence of “misuse of authority” shall constitute against any person or a public office holder unless there is corroborative evidence of accumulation of any monetary benefit or asset.

The prosecution, however, opposed the applications and argued that the suspects were not entitled to the benefit of the amendment.

However, the judge in his decision reached the conclusion that the insertion of explanation in section 9 (a) of the NAO 1999, introduced through the 2019 amendment, shall operate retrospectively.

Therefore, the judge observed that no offence of misuse of authority, corruption and corrupt practices as envisaged under section 9 (a) (vi) of NAO 1999, for which the applicants were indicted, was made out against them.

The judge noted that in the instant case there was no allegation levelled by the prosecution against the suspects regarding gaining of any monetary benefit, what to talk about production of evidence in this regard.

“There is absolutely no probability of conviction of the accused persons by any stretch of imagination, even whole the prosecution evidence is recorded,” the judge further held in the verdict.

“The accused present on bail are discharged from their bail bonds and their sureties are also relieved accordingly,” the judge concluded the verdict.

The NAB had arrested Mr Nauman on Nov 28, 2018, after the Lahore High Court denied him pre-arrest bail. He was later released on post-arrest bail in September 2019.

The NAB announced to challenge the acquittal of the former MPA and others before the Lahore High Court.

Published in Dawn, April 23rd, 2020