The National Accountability Bureau (NAB) on Saturday challenged former president and Pakistan People's (PPP) co-chairman Asif Ali Zardari's acquittal in a corruption reference from an accountability court. The prosecution wing of country's top anti-graft body filed an appeal at Lahore High Court's (LHC) Rawalpindi bench against the judgment passed by an Accountability Court judge Khalid Mehmood Ranjha on July 26.
In its appeal, the anti-graft body pleaded that the special court acquitted Zardari on the basis of technical flaws and key witnesses were ignored in the case proceedings therefore the 'impugned' order of the court may be set aside declaring it ultra vires, illegal, without any legal footing and justifications and the case may be referred to a trial court.
NAB further submitted that the bureau has sufficient documentary evidence relating to properties and bank accounts and other movable and immovable assets of Zardari which could have been used to take the investigation further. The NAB in its appeal stated that it had 22,000 verified documents as evidence against the former president, which are related to offshore companies and the Surrey palace.
It further said the accountability court did not allow the prosecution to bring on record the most essential, convincing and reliable documentary evidence obtained from a foreign country. "Zardari was acquitted after listening to incomplete details of the case, which set a bad example," the NAB appeal further said. It said the impugned order passed by the court is against the law and facts borne out on record hence liable to be set aside.
This order is a as result of misreading and non-reading of material evidence available on record, which has resulted in grave miscarriage of justice, it said. It further said the order has been passed in violation of the mandate of law provided under section 285-K of CrPC. The provisions of the section 265-K are liable to be invoked upon facts and circumstance of the case. NAB constituted a team headed by special prosecutor Imran Shafique to present the case before LHC's Rawalpindi bench.
The reference against Zardari was filed in 1998 under section 15 (a) of Ehtesab Act 1997 before the Ehtesab bench and then the case was transferred to the accountability court. It was closed in 2007 under the National Reconciliation Ordinance (NRO). The Supreme Court, in its verdict in NRO case on December 2009, had ordered the revival of all cases closed under the ordinance. However, Zardari had been sworn in as president and therefore enjoyed immunity under Article 248 of the Constitution.