ISLAMABAD: Former president Asif Ali Zardari's plea to dismiss the Park Lane Reference, the National Accountability Bureau's prosecutor Tuesday said that the high court has the power to dismiss a reference and the Accountability Court does not have such a power.

Zardari's counsel, Farooq H Naek, submitted another application before the Accountability Court Judge, Muhammad Azam Khan, seeking dismissal of the Park Lane reference, during acquittal plea filed by Zardari in the same reference.

The NAB had filed Park Lane reference on charges of corruption through fake bank accounts and embezzlement in the financial facility for Park Lane Private Limited and Parthenon (Pvt) Limited on August 19, 2019.

The NAB alleged that the national exchequer suffered a loss of Rs3.77 billion because of the irregularities.

The NAB Deputy Persecutor General, Sardar Muzaffar Abbasi, told the court that the court had decided to indict the accused, therefore, the application to dismiss the reference could not be filed at this stage.

All arrangements to indict the accused via video link from Karachi had been made, he said.

Abbasi said that the power to dismiss a reference was with the high court and the Accountability Court did not have such a power.

He said that both the applications filed by Zardari's counsel were similar.

At this, Naek said that why they are in a hurry, the Supreme Court has already decided that, first, jurisdiction will be decided.

I am not seeking adjournment in this case, he said.

Naek's associate said that martial law should be not imposed in the court, and the application filed before this court should be decided.

The NAB prosecutor said that they dream at night that they have to file an application in the morning.

The application is non serious and baseless and it should be rejected, he said.

Naek's associate Sajjad Akbar Abbasi said that how you can say that Naek dream at night and then file an application.

The NAB prosecutor and Zardari's legal team exchanged harsh words with each other.

The judge said that why are you screaming? I cannot allow anyone to shout in my court. Do not make the court a political arena, the judge said.

Farooq H Naek said that the prosecutor would have to apologise for the "dream" remarks.

At which, the NAB prosecutor said, "I will not apologise."

Naek's associate said that such a thing cannot be done with the senior council.

The judge asked Naek to start arguments over his first application as it will be decided first.

I am following the law, whatever, you want to decide, Naek said.

Naek, while arguing over acquittal application before the court, said that the NAB law did not apply in that case.

He said that Zardari had no link with Parthenon Company.

He also said that his client has nothing to do with the loan taken from the bank.

In matter related to loan, first notice should be issued to the borrower, he said.

The NAB case could not be made until the State Bank of Pakistan (SBP) issue a notice.

He said that no notice was issued to Zardari, Parthenon Company and Park Lane. The section imposed by the NAB also does not fall under the jurisdiction of this court, he said.

He said that misuse of power occur when there is power.

The consortium of the SBP and the Summit Bank had approved the loan, then how Zardari misused authority, he said.

The counsel said that the NAB accused Zardari of influencing bank as a president of Pakistan.

Neither a single witness said that his client has influenced the bank for extending the loan.

He said that nowhere in the NAB's reference it is written that Zardari has said, do not repay the loan.

Keeping in view, all these factors, the NAB law does not apply in this case.

The NAB prosecutor started his arguments after Naek completed his argument regarding Zardari's acquittal application.

Abbasi said that this is a case, in which, the company does not come into existence, and application had been filed for obtaining loan.

At this, Naek told Abbasi, argue over the admissibility of the application.

Abbasi said that they admit that crime has been committed but objection is that the NAB law does not apply in this case.

The Accountability Court has special jurisdiction over corruption and corrupt practices, he said.

He said that he will also require two days to complete his arguments.

The court adjourned hearing of the case till July 23rd.

Copyright Business Recorder, 2020