Former president Asif Ali Zardari challenged the Sindh High Court order in the apex court to transfer fake accounts case from Karachi to Islamabad. Pakistan People Party Parliamentarians president Asif Ali Zardari on Tuesday filed a criminal petition against the division bench of Sindh High Court order dated 02-04-2019 and made NAB chairman and presiding officer Special Court (Banking), Karachi, as respondents.
Zardari contended that the SHC order is based on misreading and non-reading of the Supreme Court order dated 07-01-2019. The SHC erred in coming to the conclusion that the apex court 'ordered that a reference by NAB be filed before the Accountability Court, Islamabad', whereas no such order had been passed.
The SHC while passing the impugned order dated 02-04-2019 has failed to even consider Sub-section (b) of Section 16-A of NAO, 1999 that deals with the transfer of cases from one province to another province for which permission is to be obtained by the prosecution general NAB from the apex court. However, in this case no such permission was obtained by the PG NAB.
The banking court passing the order did not realise that all the essential persons, documents and witnesses are within its jurisdiction and transfer of case to Islamabad will cause great inconvenience to the accused persons and witnesses and thus the transfer is against the principles of natural justice. The impugned order is contrary to case law and precedents established by the apex court and the superior courts and the same is per incuriam.
Federal Investigation Agency (FIA) initiated inquiries regarding fake/Benami accounts connected with various individuals and entities. The other inquiry initiated is related to Suspicious Transaction Reports (STRs) from Financial Monitoring Units (FMUs) of State Bank of Pakistan. The FIA team, headed by Additional Director General Dr Najaf Quli Mirza was constituted to investigate the matter. The FIA instead of investigating informed the Supreme Court that there was slackness and slow progress in the matter and the probe and investigation were being obstructed and hampered. In view of that the Supreme Court took suo motu notice of situation.
Farooq H Naek, who filed the appeal on behalf of Zardari, said FIA on 06-07-2018 registered FIR No. 04/2018 wherein the petitioner was not shown as an accused. But in the interim challan the FIA included his name. The petitioner obtained bail from the Special Court (Offence in Respect of Banks), Karachi. In the meanwhile, the Supreme Court in suo motu case on 05-09-2018 passed order for constituting JIT for conducting inquiry into the fake bank accounts case. The JIT after investigation filed its final report on 19-12-2018 along with the documents before the apex court. NAB chairman in view of apex court order dated 7th January, 2019 filed an application under Section 16-A (a) of National Accountability Ordinance (NAO), 1999 before the Banking Court 13-02-2019 for transfer of FIR. It submitted that the Supreme Court in its order directed to transfer FIR case to the NAB. The Banking Court allowed the NAB to transfer the case to anti-graft body.
The petitioner then challenged the Banking Court order in the Sindh High Court, which dismissed it on 02-04-2019. Farooq H Naek argued that the SHC 2nd April order is bad in law and contrary to the facts of the present circumstances of the case. The High Court fail to appreciate that the Supreme Court order dated 07-01-2019 did not give any direction for the transfer of FIR from Banking Offences Court at Karachi to accountability court.
The JIT final report in para 37 mentioned; "It is submitted that the matter may be referred by DG FIA to chairman NAB for taking further cognizance under the relevant provision of NAO 1999 and inquiry No. 3 and FIR No 4/2018 of SBC FIA Karachi, if approved by the Supreme Court." The petitioner contended that in para 300 of the JIT report, the JIT had prayed to the Supreme Court to give appropriate directions to NAB to inquire/investigate 16 different issues without mentioning FIR No. 04.
It submitted that the apex court in its 7th January 2019 order was only pleased to issue directions all related to the JIT prayer in para 300 of the final report. However, no order was passed by the Supreme Court regarding the prayer made by the JIT in para 37 of its final report. Thus it declined the request for transfer of the instant FIR 04/2018 to NAB Court; therefore, the SHC order dated 02-04-2018 is also contrary to the directions issued by the apex court.