ISLAMABAD: The Accountability Court, on Monday, transferred Toshakhana-II reference against Pakistan Tehreek-e-Insaf (PTI) founding chairman Imran Khan and his wife to Special Judge Central as the case following the restoration of amendment NAB Ordinance 1999 by the Supreme Court, does not fall under the ambit of the National Accountability Bureau (NAB).
Accountability Court judge, Muhammad Ali Warraich, while hearing the post-arrest bail pleas of Khan and his wife Bushra Bibi in Toshakhana-II case, forwarded the case to Special Judge Central.
The judge observed that Special Judge Central Humayun Dilawar would hear Khan and his wife’s post-arrest bail applications.
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The NAB prosecutor, arguing before the court, said that following the restoration of amendments, the case is no longer within the NAB’s ambit.
He objected to the hearing of Khan and his wife’s bail by the Accountability Court. After restoration of the NAB’s amendment hearing of bail pleas do not fall under the jurisdiction of this court, he said.
He said that after amendment in the NAB law, the case had to be transferred to the relevant court.
The court, to which the case would be transferred, would decide over the post-arrest bail applications, he said.
During the hearing, Khan’s lawyer Barrister Salman Safdar argued that the new Toshakhana case no longer stood after the restoration of the NAB amendments, as the crime was invalid under the current law.
Khan and his wife are in the custody of that court, he said, adding that “after amendment in the NAB law, we accept the arguments of case transfer,” he said. He said the court should transfer the case to the relevant court after deciding the bail applications.
“After the NAB amendment when this case does not stand then under what crime the husband and wife are behind the bar,” he said.
The court after hearing the arguments reserved its judgment.
Later, while announcing its reserved judgment, transferred the case to Special Judge Central.
The judge said that after amendment in the National Accountability Ordinance (NAO), 1999, this case does not fall under the jurisdiction of the Federal Investigation Agency (FIA).
The judge also said that after the restoration of NAB amendments, the jurisdiction of NAB over this case had ended.
The court also ordered to fix the post-arrest bail applications of Khan and his wife for hearing in Special Judge Central court today (Tuesday).
The NAB had filed Toshakhana-II reference on August 20 against Khan and his wife about a jewellery set gifted by the Saudi Crown Prince.
Talking to the reporters at Adiala Jail Rawalpindi after the hearing, Khan said he had postponed the public gathering scheduled for August 22 at the request of the Establishment.
“PTI leader Azam Swati on August 22 visited me in jail and told me that the Establishment had sent him,” he said, adding that Swati said the Establishment had requested to postpone the jalsa for the sake of the country.
He said the Establishment had given a surety that they would facilitate PTI’s September 8 public gathering.
A message was given that on the one hand, there was a cricket match, on the other hand, there was a protest of religious parties in Islamabad, and chaos might spread in the country, he said, adding that they had given a guarantee that no objection certificate would be issued to PTI for jalsaas well as PTI would be facilitated.
Khan said the administration blocked all entry points of the capital city as well as roads leading to the venue of the jalsa through shipping containers ahead of the PTI’s public gathering and then issued a statement to end the jalsa at 7:00pm.
PTI’s founding chairman further said if the Chief Justice of Pakistan, Qazi Faez Isa, was re-imposed then the most effective street movement of the country’s history would be launched. Chief Justice Qazi Faez Isa was the “most biased judge” in the country’s history, he said.
Copyright Business Recorder, 2024
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