Islamabad:
The Superior Court of Islamabad (IHC) has dismissed a request for a court order presented by a former general director of the IB, Brigadier (retd) Imtiaz Ahmed, against the issuance of a show that warned him by the FBR for celebrating a house in Benami.
The former head of the IB was acquitted by a court of responsibility for the positions of having mobile and immovable properties beyond its known sources of income. However, later, the FBR gave it a notice under the 2017 law for maintaining a precarious house under a front.
The judge of IHC, Judge Muhammad Azam Khan, in his order, pointed out that both the crimes are different of nature and under different statutes, since the crime under the ordinance of National Responsibility (Nao), 1999, is related to the property beyond its known source of income, while under the 2017 act it is different when it is beneficial from a Benami transaction.
“Since the crimes are different, the request of the petitioner in both cases does not constitute a double danger,” the order said. Hafiz’s defender Ahsaan Ahmad Khokhar represented FBR, while FBr Benami Zone commissioner also argued before the bank of a single IHC member.
The trial pointed out that the word “Benami” means without a name, without name or fiction. The Benami transaction is used to denote a transaction that a person really performs without using their own name but in the name of another.
“In the present case, the contested notice was issued by defendant No 1 [FBR] to the petitioner [ex-IB chief] According to section 22 (2) of the 2017 law, to show the cause regarding the house of the matter and why said property should not be treated as a property of Benami.
“A notice similar to the defendant NO2 (owner of the straw) was issued in which it was mentioned that when investigating the CDA [Capital Development Authority]It was confirmed that the property was transferred in June 1999 and the subject’s house is still in its name.
“The CDA also confirmed that the defendant NO2 has executed a general notarial power in favor of the petitioner [ex-IB chief]. The notice also reveals that the property has always been beneficial from the petitioner and that the petitioner always collected the rental income of the house in the form of cash. “
According to the notice, the tax statements submitted over the years showed financial health that did not guarantee the purchase of such a expensive property and the owner of the straw became a approval against Brigadier (RETD) Imtiaz Ahmed in the procedures initiated by the NAB. “The surveyed No2 [straw owner of the house] He admitted Benami’s purchase agreement of this particular property, among others, “said the order.
The order pointed out that the petitioner [ex-IB chief] He should have played the FBR notice by presenting an answer to the relevant authority under the 2017 Law, the Authority Award Committee/Award.
