The Islamabad High Court (IHC) hearing the National Accountability Bureau (NAB) appeal against trial court's verdict on acquitting the PPP's Co-Chairman Asif Ali Zardari from two references pertaining to the polo ground and Ursus tractors, has sought complete record of cases.
A divisional bench of IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Miangul Hassan Aurangzeb on Thursday conducted hearing on the NAB appeal and sought the record of references against Zardari from the accountability court, which had acquitted the accused.
During the hearing, NAB Prosecutor Jehanzeb Bharwana appeared before the court and presented his arguments. He adopted before the court that the court had sought the required record on April 21, 2016. However, no record has been presented yet.
He argued that Zardari was given a benefit of the National Reconciliation Ordinance (NRO), which was later declared null and void by the Supreme Court, but at that time Zardari was the president of Pakistan. Bharwana added that an acquittal application could not be entertained without recording the evidence.
At this, Justice Athar asked then why the accountability court heard the acquittal application. The NAB prosecutor said that the accountability court had maintained that it would be wastage of time to conduct the trial.
Later, the NAB prosecutor sought more time in the references against Zardari, which has been fixed by the court for hearing after three years. Then, the IHC bench deferred hearing for an indefinite period.
The NAB had stated in its appeal that the trial court had no powers to acquit the accused in corruption case. The anti-graft body had challenged the acquittal of Zardari by an accountability court in two references in 2014. The last hearing on NAB's appeal was held on April 21, 2016.
The NAB had moved the IHC through its prosecutor general and challenged AC decision in which it had acquitted Zardari in two corruption references including polo ground and Ursus tractors corruption references.
In the application, NAB had cited Zardari as a respondent and pleaded the court to declare the said verdict of AC as null and void. The NAB prosecutor had also requested the court to permit them to produce witnesses and evidences against Zardari before the court in this matter.
Earlier, Accountability Court (AC) Islamabad had acquitted former President Asif Ali Zardari from two corruption cases as the NAB failed to give any proof and produce any witness. The court announced the verdict saying the accused had not been proven guilty so far. It further stated that evidence against the former president was not sufficient for further proceedings.
The counsel for the former president had contended before the court that the main accused in these references had already been acquitted, so a co-accused could not be tried and should be acquitted under the NAB Ordinance, 1999.