The Islamabad High Court extended the interim bail of former Information Minister Sindh till February 11.
A division bench of the High Court has inquired whether the National Accountability Bureau (NAB) could arrest the accused of exporting embezzled money.
According to the report, Chief Justice Athar Minallah and Justice Lebanese Saleem Pervaiz listened to the request for extension of interim bail by Sharjeel Prize Memon.
Remember that the court granted him interim bail in the case of Roshan Sindh program for installation of street lights in different districts of Sindh last December.
Sardar Latif Khosa, appearing in the court on behalf of Sharjeel Memon, informed the court that in light of the newly implemented National Accountability Amendment Ordinance, a separate petition for the former minister's position was also filed.
Latif Khosa said that the committee that approved the project, Sharjeel Memon, who was never a part of it, was the provincial minister and he had sent the entire project to Sindh Chief Minister Sindh.
He further said that NAB had decided to arrest Sharjeel Prize Memon for allegedly exporting embezzled money.
Justice Athar Manullah inquired from the prosecution whether NAB wants to export embezzled money. To which NAB Deputy Prosecutor General Sardar Muzaffar Abbasi responded in a confession.
The bench said that the NAB ordinance does not authorize the arresting officer to export embezzlement money, under the law, NAB can export illegal money without the consent of the accused.
The Chief Justice of the High Court reminded the prosecutor that Sharjeel Memon remained in the custody of the NAB for 20 months and he could not investigate the case in the meantime.
Prosecutor Sardar Muzaffar Abbasi said that since Sharjeel Memon was not arrested in this case, NAB's investigating team could not investigate him in connection with the Roshan Sindh program.
The court said the NAB could not abuse its powers to arrest an accused.
Justice Athar Minallah said the NAB chairman had no unlimited powers to arrest and if the Bureau misused his powers, the Constitutional Court had every right to seek and interfere with extraordinary jurisdiction to ensure full justice.
Justice Athar Minallah said, "Should the NAB start acting as a judge, should we close the courts?"
He further said that in light of the Supreme Court verdict, NAB could not arrest the accused for exporting embezzlement money or that the process of plagiarization during the arrest was legal.
He further said that the Supreme Court order in respect of PLAYBARGIN is clear that 'PALGARGAIN will be accepted only if the accused is willing to pay the amount without any pressure and fear'.
The court subsequently directed the prosecution to review the Supreme Court's orders carefully and give the investigating officer concrete reasons for the forthcoming hearing.