Zardari and Faryal's arrest: no ulterior motive can be attributed to NAB: IHC

The Islamabad High Court (IHC) has said that no ulterior motive can be attributed to National Accountability Bureau (NAB) for the arrest of former President Asif Ali Zardari and Faryal Talpur. The Pakistan Peoples Party's leaders were arrested by the NAB last week after the dismissal of their bails by the IHC in fake bank accounts reference. Both PPP leaders are in NAB custody on remand.
Omni Group's Anwar Majeed and his son Abdul Ghani Majeed, and former Pakistan Stock Exchange Chairperson Hussain Lawai are also accused in the case.
A division bench of IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani in detailed judgement said that Zardari's arrest by NAB was based on the need for further investigation of the accused and as such, there is no ulterior motive involved in his arrest.
The judgement also states that arguments on behalf of the petitioners that chairman NAB does not have authority or jurisdiction in the matter are "without substance." It said that white-collar crimes are "not easy to detect and trace and cannot be equated with other general offences."
"The accused persons are to be confronted with the documents and inquired about the same repeatedly in order to build up the chain." It stated that for this purpose, the NAB authorities required custody of the petitioners.
According to the order, the legal counsel for the petitioners had argued that since a reference had been filed, NAB Chairman Justice Javed Iqbal (retd) had "no lawful authority" to execute arrest warrants. They had also said that as bonds had been furnished, the petitioners could not be arrested.
The IHC order noted that the furnishing of bonds does not bar NAB from making an arrest regarding investigation in the case. It stated that the bond is submitted "only for personal appearance" before the court.
According to the order, the argument that the accountability bureau chairman did not have the authority or jurisdiction in the matter was "without substance." The order stated that under Section 24(a) read with Section 24(c) of the National Accountability Ordinance (NAO) 1999, the chairman could issue arrest warrants even after a reference was filed.
It noted that the matter is still being investigated and the reference was just an aspect of the case which has been transferred to an accountability court in Islamabad.
"The NAB never really investigated and inquired into the matter and only became seized of it by the direction of the Supreme Court of Pakistan and is still investigating the same," the order read.
"The investigation in the matter is by no means over," it stated, adding: "The prosecuting agency i.e. NAB categorically submitted that money trail is linked with the petitioners and their custody is required for investigation."
Additionally, the IHC judges said that in light of the facts and circumstances 'no mala fide or ulterior motives' could be "attributed to the respondent (NAB) which is the core principle for grant or refusal of the bail before arrest."