ISLAMABAD: The Accountability Court Islamabad on Tuesday rejected counsel’s plea of former president Asif Ali Zardari seeking to adjourn hearing of Toshakhana case, and recorded the statement of a prosecution witness.
The Accountability Court-III Judge, Syed Asghar Ali, while hearing Toshakhana case filed by the National Accountability Bureau (NAB) against Zardari, Nawaz Sharif, Syed Yousaf Raza Gillani, and others, turned down lawyers’ request of Zardari and Gillani regarding adjournment of the case.
At the start of the hearing, the judge inquired about Zardari’s lead counsel Farooq H Naek.
At this, Naek’s associate told the court that his lead counsel was in Karachi.
The counsel of the accused, Abdul Ghani Majeed, Anwar Majeed, Arshad Tabraz also could not appear before the court.
Zardari’s counsel informed the court that Tabraz had been tested positive for Covid-19, and he had quarantined himself at home.
The counsels of Zardari, Gillani and other accused filed separate applications seeking one-day exemption from personal appearance for their clients before the court, which the court approved.
During the hearing, Zardari’s lawyer told the court, Advocate Tabraz was ill; therefore, the hearing of the case be adjourned.
Tabraz wants to cross examine the witness himself, and listen to the statements of the prosecution witnesses, he further argued.
Deputy Prosecutor General NAB Sardar Muzaffar Abbasi, while objecting to the defence counsel’s request, told the court that during the previous hearing, defence counsels had also filed an application seeking adjournment of the case, and today’s date was fixed on the desire of the accused lawyers.
At this, the judge said that this was not a big matter that accused counsel Tabraz was not present because his associate was present in the court.
If you (accused counsel) adopt such a way, the court will summon all accused persons, the judge further said, adding that if we cooperate then the lawyers shall also cooperate with the court.
The court rejected the defence counsel’s request, and started recording statement of prosecution witness Zubair Siddiqui, deputy secretary Cabinet Division.
The prosecution witness produced summary to the prime minister with subject declaration of gifts relaxation of Toshakhana rules and prosecutor. The witness also produced different documents before the court regarding three luxury vehicles given to former president Asif Ali Zardari from Toshakhana.
Zardari and Gilani’s counsel raised objection over the documents submitted by the prosecution witness, saying that some of the documents submitted by the witness were photocopies and not original.
The court, made the documents, produced by the witness, court record, and adjourned hearing of the case till November 26th.
The same court on September 9 while hearing the case had declared Sharif a proclaimed offender for failing to appear before the court, despite being summoned multiple times, and indicted former president Asif Ali Zardari, former prime minister Syed Yousaf Raza Gillani and others in the same case.
The National Accountability Bureau (NAB) had filed the Toshakhana reference against Zardari, and two former prime ministers, Sharif and Gilani, and others for allegedly acquiring vehicles and gifts from Toshakhana, in violation of rules and regulations.
According to the bureau, the evidence collected during the course of inquiry and investigation has established that the accused, Gilani, in order to extend illegal benefit to the accused, Zardari and Sharif, illegally allowed the retention of vehicles gifted to them by various foreign states and dignitaries, which at that time belonged to the Central Pool of Cars, Cabinet Division, relaxing the procedure of Toshakhana illegally.
According to the NAB, accused, Zardari and Sharif, had retained the said vehicles against the nominal payment of 15 per cent of the total value of the vehicles.
The accused, Zardari, made the payment for vehicles and duties of these vehicles through accused, Khawaja Anwer Majid and Khawaja Abdul Ghani Majid, from “fake” bank accounts.
The accused, Gilani, former prime minister and minister-in-charge Cabinet Division from 2008-2012 had “illegally” relaxed the procedure for the acceptance and disposal of gifts, issued by the government through the Cabinet Division OM no 9/8/2004 TK dated June 25, 2007.
According to these rules, “gifted vehicles shall not be allowed to be purchased by the recipients and be given to the Central Pool of Cars of the Cabinet Division.”
Copyright Business Recorder, 2020
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