ISLAMABAD: The Islamabad High Court (IHC) Tuesday extended interim pre-arrest bail of former president Asif Ali Zardari in laundering of billions of rupees through fake bank accounts case. A division bench, comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani heard the petition moved by the leader of Pakistan People's Party (PPP).
During the hearing, the National Accountability Bureau (NAB) prosecutor, Sardar Muzaffar Abbasi appeared before the court. However, Zardari's counsel Farooq H Naek did not appear as his associate informed the court that Naek has a case in the Supreme Court.
He also informed the court that Zardari's amended bail plea on medical grounds had been submitted as the former president was admitted in a hospital. Zardari has submitted an application and medical report in the IHC seeking exemption from personal appearance in this case. The application stated that the former president was discharged from the hospital last month, and admitted again on Nov 22, after his health deteriorated.
Accepting Zardari's application seeking exemption, the IHC bench deferred the hearing till December 8th. This case is related to a suspicious transaction of Rs8.3 billion from Bahria Town through joint accounts of Zain Malik, son-in-law of property tycoon, Malik Riaz, into fake accounts.
The anti-corruption watchdog had already submitted a reply in this regard, opposing the bail to the former president. In its reply to the high court, the NAB stated the reasons for its opposition to bail to Zardari, saying that the NAB was taking action against Zardari within legal boundaries and investigation was underway against the former president, in accordance with the NAB Ordinance.
It added, "All the proceedings were taken in accordance with law and there is absolutely no violation of fundamental rights of petitioner, he had been given complete opportunity vide call up notice to clarify allegations leveled against him."
"There is no statutory provision provided in the law whereby NAB is bound to inform or notice before arrest hence this petition is liable to be dismissed," contended the bureau. Therefore, the bureau prayed before the court that petition of Zardari seeking bail may be dismissed in the interest of justice.
Former president in his petitions prayed before the court to restrain the bureau from arresting them. In the identical petitions, Zardari stated that the NAB had served a call-up notice on him to appear on March 20 before a combined investigation team to record his statement with respect to investigation into fake bank accounts.
He added that in order to safeguard himself from mala fide and illegal arrest at the hands of the NAB and law enforcement agencies of the country and to enable him to surrender before the competent court of law, he had filed a constitutional petition before the Sindh High Court for protective bail.
The SHC on March 19, approved protective bail for him for 10 days, he said. Zardari said that he also appeared before the NAB team, which after interrogating him for one hour handed him a questionnaire with the direction to submit reply to the same within 10 days.
The ex-president had requested the court to grant him bail before arrest and in the meanwhile, interim bail before arrest may be granted to the petitioner. He also prayed before the court to direct respondent, NAB authorities to submit list of all cases against the petitioner.
Copyright Business Recorder, 2020
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