ISLAMABAD: The Accountability Court on Wednesday reserved its verdict on President Asif Ali Zardari and two former prime ministers, Nawaz Sharif and Yousaf Raza Gillani’s pleas seeking to send back Toshakhana case against them to the National Accountability Bureau (NAB).
Accountability Court judge, Abida Sajjad, while hearing the case, reserved its judgment on Zardari, Sharif and Gillani’s pleas seeking to transfer the Toshakhana case against them to the NAB as the case following the restoration of amendment NAB Ordinance 1999 by the Supreme Court, does not fall under the ambit of the NAB and fixed October 14 for announcement of judgment.
Zardari’s counsel Farooq H Naek and Sharif’s counsel QaziMisbahul Hassan as well as pleader Rana Irfan appeared before the court.
During the hearing, Naek read out the new NAB amendment law before the court, arguing that under the amended law, the case no longer falls under the jurisdiction of this court.
He requested the court to send back this case to the chairman NAB.
He said that the total value involved in the case is Rs80.5 million only, which is below the threshold of Rs500 million, and hence, it should be referred back to the anti-graft body.
Judge Abida Sajjad asked whether all parties agreed that the court lacked jurisdiction over the case. Naekreplied that Zardari had not been granted presidential immunity when the case was initially brought forward.
He further said that transferring the case to another court would suggest a discussion on its merits, which, as per him, the court lacks authority to transfer it under the amended law.
Sharif’s lawyer Qazi Misbahul Hassan saidto the court that a similar case had previously been returned to the NAB and later sent back to the same court following a decision by former Chief Justice Umar Ata Bandial.
The NAB prosecutor added that the court had already granted presidential immunity to Zardari and that the case should remain on hold for Zardari while being sent back for Nawaz Sharif. He said that there is an allegation that Zardari had given a cheque that bounced.
He said that when this case does not fall under the jurisdiction of this court then merit will not discuss. This court will decide whether this case be sent back to NAB or not, he said, adding that both Zardari and Sharif’s cases will be separated.
Naek said that transferring the case to another court instead of sending it back to NAB is tantamount to discussing the merits of the case. This court did not have the power to further proceed with the case as well as issuing of the stay order, he said.
The NAB prosecutor said that the court has already granted immunity to Zardari and, therefore, will be here till Zardari is president. To this, Naek said that if the court put this case with itself it is a violation of law. This court hand wrong deeds of NAB to it, he said.
The prosecutor said that the court should send back the reference to the extent of Nawaz Sharif, and stay it to the extent of Asif Zardari.
The court, after hearing arguments of all the parties, reserved its verdict till October 14.
Copyright Business Recorder, 2024
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