SC takes up Malik's plea against LHC's verdict today

ISLAMABAD Supreme Court will hear the Interior Minister Rehman Maliks appeal against the Lahore High Courts judgement today (Friday) about upholding conviction which had been given him by the Accountability Court on January 7, 2004. Syed Ali Zafar, counsel for Rehman Malik had moved appeal in the apex court against LHC Division Benchs judgement of June 22 praying the apex court to set aside the Lahore High Courts May 15, 2010 order which had upheld his conviction in two NAB references. According to details in the first reference, Malik and others have been accused of receiving two Toyota cars from Saleem Godial of the Toyota Central Motors, Karachi as illegal gratification on account of purchase of official vehicles by the FIA. The second case was registered by the FIA on the complaint of Hashim Raza, a resident of Lahore, who alleged that Malik and others had raided his house in August 1994 and stolen jewellery and Rs700,000 in cash. It is prayed that the LHCs impugned order of May 17,2010 and the conviction and sentence in the accountability court order of January 12,2004 may kindly be declared to be unlawful and accordingly set aside and the petitioner be acquitted, he prayed in the petition. Earlier, an accountability court of Rawalpindi had sentenced Rehman Malik to a three-year prison term in each of the two NAB references. The prison sentences were declared after the minister had failed to appear before the court. Rehman Malik then moved the Lahore High Court against the conviction, which had revived the sentence of Malik. However, Malik had obtained pre-arrest bail from the Sindh High Court the same day the LHC had rejected his pleas, in order to avoid arrest under the terms of the LHC judgement. The LHC bench comprising Chief Justice Khawaja Muhammad Sharif and Justice Waqar Hassan Mir had rejected the Interior ministers appeal for absconding from the accountability court in two references and revived the sentence against Malik. However, President Asif Ali Zardari while using his discretionary powers under Article 45 of the Constitution had granted pardon to Malik. The Presidents order had said that: President Asif Ali Zardari granted pardon to Interior Minister Rehman Malik against 'conviction and sentence awarded to him by Accountability Court Rawalpindi in January 2004 in absentia under Section 31-A of NAB Ordinance and against which his appeal was rejected by the LHC. Rehman Malik in the petition said that the Lahore High Court had failed to interpret the newly inserted Article 10-A of the Constitution, which makes it very clear that an accused must have the right to a fair trial and by not giving this opportunity to the petitioner, he is being denied his fundamental rights. The petitioner said that his absence before the accountability court was not deliberate instead he was exiled.

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