Assets Beyond Means

This term is not so complex and confusing but for legal experts, and for common man it is just like a legal maxim which needs judicial interpretation. The term can be divided into two parts for the elaboration for common peoples. As a student of law, I read the term in NAB Ordinance 1999, its first part is “Assets” which is defined under Section 5 Sub-Section c, which says;

            “"Assets" means any property owned, controlled by or belonging to any accused, whether directly or indirectly, or held benami in the name of his spouse or relatives or associates, whether within or outside Pakistan, which[he] cannot reasonably account[for], or for which [he] cannot prove payment of full and lawful consideration.”

To consider this term “Assets” the said definition can be divided as followed;

a-      A property

b-      Owned, Controlled or Belonging

c-      To accused

d-     Directly or indirectly

e-      Even held benami

1-      In the name of his Spouse

2-      Relatives

3-      Associates

f-       Within Pakistan or Outside

g-      Which he cannot account for reasonably

h-      Or cannot prove Payment of full & Lawful consideration

Under the NAB Ordinance 1999, the Further terms being used in this definition are also defined as followed Section 5 Sub-Section D;

            "Associates" means-

(i) any [person] who is or has been managing the affairs [of] or keeping accounts [for] the accused or who enjoys or has enjoyed any benefit from the assets.

(ii) any association of persons, body of individuals, partnership [firm] or private limited [company] within the meaning of Companies Ordinance 1984, of which [the accused]is or has been a member, partner or director or which [has] been promoted, floated, established or run by the [accused, whether singly or jointly, with other persons.]

[(iii) a trustee of any trust declared by the accused, or of which the accused is also a trustee or a beneficiary; and]

(iv) a benamidar. “benamidar” means any person who ostensibly holds or is in possession or custody of any property of an accused on his behalf for the benefit and enjoyment of the accused;]

   Now we can elaborate it straightly and very simply for the masses to consider it in its real sense and true nature as followed That;

“Assets means a property which is owned, controlled or belonged to an accused directly or indirectly or in the name of his relatives or associates within Pakistan or outside, and for which he cannot account for or cannot prove Payment of full and Lawful Consideration”.

Lest see now the maxim is fully solved in its clear sense, now we shall have to explain the 2^nd part of the said term which is “Beyond Means”.

About the term “Beyond Means” the Merriam-Webster English Dictionary says;

“unaffordable by”

He enjoys a style of living that is beyond the means of all but the wealthiest people.

So, its means in the very clear and very straight is that;

An asset which is not affordable by an accused.

To elaborate the Part 2 can also be divided into further 2 parts s followed;

1-      Beyond &

2-      Means

Now let’s see what the English language dictionaries are saying about these two terms “Beyond” and “means”.

The Dictionary by Farlex says; “Means money available or necessary for living”.

So, in this regard we can say that the meaning of the “Assets beyond means” is the assets beyond available money as the meaning of beyond are very simple as followed;

The term “Beyond” is defined by the Dictionary of Farlex as “on, at, or to the farther side of”and “outside the limits or reach of”.

“Beyond means” meanings by the Dictionary of Farlex;

Too expensive or Too expensively.

Examples;

A painting by Picasso is beyond my means.

He lives well beyond his means

So finally, the meaning of the whole term in general is that, “A property of someone, outside his limits or reach to purchase it”.

Whereas in the legal profession especially in Pakistan under the NAB Ordinance 1999 under Section 5, the meaning of “Assets” is “A property which Owned, Controlled or belonged to an accused directly or indirectly, or in the name of his Spouse, Relatives or associates in side the Pakistan or outside, which he cannot reasonably account for, or for which he cannot prove payment of full and lawful consideration.”

Hence it is beyond my wisdom that how a person sat free on bail from prison who failed to prove the full and lawful payment of the assets belonged to him or his siblings whereas it is a crime under Section 9, Sub- Section 4 & 5 of the NAB Ordinance 1999.