ISLAMABAD: An accused in the Park Lane case, also involving former president Asif Ali Zardari and others, on Monday, challenged the reference against him and others under the National Accountability (Second Amendment) Ordinance, 2021. The accused, Iqbal Khan Noori, through his counsel Barrister Sardar Umer Aslam filed an application before Accountability Court-II judge Muhammad Azam Khan under Section 31-D of the National Accountability (Second Amendment) Ordinance, 2021.
The petition says that reading of clause 4(2) indicate that the NAB authorities have no jurisdiction in cases pertaining to the private persons, non-holder of public office. After the promulgation of new ordinance, the NAB has no jurisdiction to inquire at hand, it says.
According to the application, following the promulgation of the new ordinance, the erstwhile forum (the NAB) is ceased of matter and hence this court with respect, lacks the jurisdiction to try the matter. The matter has to be remanded back to the court having jurisdiction to try offences.
The applicant is not a public office holder and has never been directly or indirectly connected to a holder of public office either; therefore, the instant application may be allowed and court may transfer the case to the court having jurisdiction to try the matter and cease its hands, in the interest of justice.
According to the NAB, Zardari and others had allegedly embezzled funds obtained for M/s Parthenon (Private) Limited and M/S Park Lane (Private) Limited, which inflicted losses of Rs 3.77 billion to the national exchequer. According to the joint investigation team (JIT), Park Lane Estate Company, a Karachi-based firm, was incorporated on October 18, 1979.
In 1989, Zardari acquired the company along with his "front man" Iqbal Memon. In 2009, Zardari, chairman Pakistan Peoples Party (PPP), Bilawal Bhutto Zardari, Iqbal Memon, and others became shareholders of the company. As per the JIT report, it was found out that the M/s Parthenon was merely a "front company" (straw borrower) of M/s Park Lane (Private) Limited.
M/s Parthenon had no independent business when it entered into a joint venture (JV) with the M/s Park Lane (October 2009), it said. During the hearing, defence counsel Arshad Tabrez told the court that the loan was approved by consortium of banks and then M/s Park lane and M/s Parthenon entered into a JV.
This case does not fall under the jurisdiction of the NAB, he said. The NAB prosecutor, Irfan Bola, while objecting to application, said that the court has already rejected similar kind of application in the past, and the present application has been filed only to delay the proceedings of the case.
The court issued a notice to the NAB and sought comments from the bureau on November 5 and adjourned the case till November 8th. Those who were nominated by the NAB in the supplementary reference filed in the connection with Park Lane case included, Zardari, Muhammad Iqbal Memon, director Park Lane Company, M/s Park Lane Estate Private Limited, Muhammad Iqbal Khan Noori director M/s Parthenon (Pvt) Ltd, Muhammad Hanif Accountant M/s Park Lane Estate, M/s Parthenon (Pvt) Limited, an incorporated entity bearing certificate of incorporation under the provision of the Companies Ordinance 1984, and Hussain Lawai, former president Arif Habib Bank, and the Summit Bank.
The other accused included Abdul Ghani Majid, shareholder/director Regent Service (Pvt) Ltd multiple companies known as Omni Group, Khawaja Anwar Majid shareholder director Omni Group, Taha Raza public relationship manager Arif Habib Bank now Summit Bank, Farooq Abdullah area branch manager HBL, UzairNaeem former AVP Summit Bank, M/s Tracom (Pvt) Ltd through GM south-an incorporated entity bearing certificate of incorporation under the provision of the companies office, Muhammad Saleem Faisal General Manager (GM) M/s Tracom (Pvt) Limited, and Zahir Ismail.
Copyright Business Recorder, 2021
Comments
Comments are closed.