ISLAMABAD: The Supreme Court on Friday returned the petition of former president Asif Ali Zardari with objections to transfer the fake bank accounts cases from Islamabad to Karachi. Assistant Registrar Civil-II in its order stated; "There is no provision of second review as warranted under the provisions of Order-XXVI, Rule-9 of Supreme Court Rules, 1980."
"The instant application tantamount to second review," it added. The assistant registrar further said the reference has been filed by the NAB before the accountability court, Islamabad in pursuance of the apex court's order dated 07-01-2019 passed in Human Right case under Article 184(3) of constitution.
"...We also direct that in view of the fact that the entire record of the JIT is to be submitted with NAB at Islamabad and further inquiry (if any) is also be conducted there, the reference shall be prepared and presented before the accountability courts in Islamabad/Rawalpindi," said the relevant part of the order.
The registrar office said the applicant had filed CRP No 2019 against the order dated 07-01-2019 passed in the HR case before the apex court, and the same was also dismissed through order dated 19-02-2019. The directions in SC order dated 07-01-2019 were categorically and vehemently been argued/contested in CRP No 19/2019.
Former president Asif Ali Zardari on Nov 3, had filed appeals in the apex court against Park Lane, fake account Toshakhana, and Thatta Water Supply project references, praying that the references pending before AC Islamabad be transferred to AC Karachi.
The ex-president stated that the proceedings of references in AC, Islamabad, are contrary to the facts as well as the law applicable in the present circumstances of the cases. He said the proceedings before the AC Islamabad are based on the misreading of the Supreme Court order dated 07-01-2019.
Even otherwise, the impugned proceedings are being conducted in ignorance of the fact that all the essential persons, applicant himself, documents and witnesses including his counsel Farooq H Naek are from Karachi within the jurisdiction of Sindh.
He said that the proceedings in Islamabad were causing great inconvenience to the accused persons, advocates and witnesses, and was against the interest of justice.
Asif Zardari stated that he was about 65 years old and was a chronic patient suffering from various ailments including cardiovascular disease. He is also suffering from ischemic heart disease, high blood pressure, sensory peripheral and automatic neuropathy.
The former president said since he was admitted in the hospital where his medical condition was under constant supervision by doctors who had advised him for taking proper care and precautions and not to travel which he did recently to attend the hearing pursuant to the orders passed by the accountability court, Islamabad. He stated that since the investigation had concluded and the instant reference had been filed and there was no chance to influence the investigation existed at this stage.
Copyright Business Recorder, 2020
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