Former finance minister Ishaq Dar has prayed to the Supreme Court to suspend the operation of Accountability Court order dated 21-11-2017, the proclamation issued and any proceeding, step or action taken to sell his properties.
Salman Aslam Butt on behalf of Ishaq Dar filed an application on Saturday for the fixation of his appeal next week, commencing from January 20. He submitted that a petition against the Accountability Court order had been filed in the apex court, but it has not been fixed yet. The non-fixing of the petition and continuance of the proceedings in pursuance of the orders impugned in the petition are causing irreparable loss and injury to the petitioner.
In pursuance of the Accountability Court order dated 21-11-2017, various assets of the petitioners are being put to sale and have been taken over.
The former minister stated if the petition is not fixed then he would be deprived of his fundamental rights. Dar submitted that he is 69-year-old and suffering from angina. In 2013 he underwent medical treatment for heart related issues. In August 2017, he again on account of typical chest discomfort underwent CT coronary angiogram.
The petitioner stated that during the performance of Umrah in October 2017, he again faced severe cardiac issues. He, therefore, travelled to the United Kingdom and underwent various diagnostic tests. The doctors there advised and recommended that the petitioner must not undertake any air travel.
The ex-minister informed that being faced with the heart issues on 20-11-2017 he applied for leave, which the then prime minister acceded. Since his arrival in the UK, he has been undergoing various medical procedures and therapies. In November 2019, the condition of the petitioner deteriorated in London and on 25-11-2019 he was hospitalized, he stated.
Ishaq Dar submitted that due to health issues and advice of the medical professionals, he is unable to personally appear before the Accountability Court in the pending reference. He maintained that he was wrongly proceeded against under Section 87 of CrPC despite the fact that he appeared before the Accountability Court on numerous occasions, while he was in Pakistan. Till the stage of recording of evidence of prosecution witnesses and before proceeding abroad, neither did he abscond nor did hide himself from the court in the reference, submitted Ishaq Dar.
He said that his bona fide is evident from the fact that he himself volunteered that the trial in the matter be proceeded in the presence of his pleader. Therefore, the conclusion drawn by the Accountability Court and the Islamabad High Court are not sustainable.
He submitted that the reference is based on "malafide misrepresentation" of facts before the apex court as well as the relevant Accountability Court. The Supreme Court should take notice of "malafide and misrepresentation" while adjudicating the instant matter.
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