ISLAMABAD: The Supreme Court removed objections raised by the SC Registrar Office on former president Asif Ali Zardari's petition to transfer the fake bank accounts cases from Islamabad to Karachi.
Justice Umar Ata Bandial on Tuesday heard the petitions in Chambers.
Farooq H Naek, representing the ex-president, argued 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 accountability court, Islamabad, are based on the misreading of the Supreme Court order dated 07-01-2019.
Former president Asif Ali Zardari on Nov 3rd had filed appeals in the apex court against Park Lane, fake account Toshakhana, Thatta Water Supply project references, praying the references pending before Accountability Court, Islamabad be transferred to AC Karachi.
Farooq H Naek also told the judge that the impugned proceedings are being conducted in ignorance of the fact that all the essential persons, applicant himself, documents and witnesses including his counsel are from Karachi within the jurisdiction of Sindh.
He said that the proceedings in Islamabad are causing great inconvenience to the accused persons, advocates and witnesses and is against the interest of justice.
He said that Asif Zardari is seriously ill and is about 65 years old, and is 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.
Justice Bandial, after hearing the arguments, removed the objections and directed the SC office to fix the case in the court.
Assistant Registrar Civil-II last month had dismissed the former president's petitions.
His 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 that the reference has been filed by the NAB before the Accountability Court, Islamabad in pursuance of the apex court order date 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 that 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 the SC order dated 07-01-2019 were categorically and vehemently been argued/contested in CRP No 19/2019.
Copyright Business Recorder, 2020
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