ISLAMABAD - The Islamabad High Court (IHC) on Wednesday issued notices to National Accountability Bureau (NAB) in Pakistan Muslim League–Nawaz (PML-N) leader Ahsan Iqbal’s petition challenging Accountability Court’s verdict of rejecting his petition seeking acquittal in a corruption reference.
A division bench of the IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Saman Rafat Imtiaz conducted hearing of the petition moved by PML-N leader and issued the notices to the NAB.
The bench also directed the respondent to submit the response in this matter and deferred the hearing till April 13.
In his appeal, the PML-N leader challenged dismissal of his acquittal plea by the accountability court in the Narowal Sports City Complex reference. He moved the court through his counsel Syed Zulfiqar Abbas Naqvi and cited Chairman National Accountability Bureau (NAB) and judge Accountability Court (AC)–III Islamabad as respondents.
The petitioner said that he filed being aggrieved by the order dated 23.02.2022 passed by the Accountability Court-III Islamabad, whereby the application filed under Section 265-K, Code of Criminal Procedure CrPC for his acquittal in NAB Reference related to Narowal Sports City Complex reference.
Ahsan Iqbal, in his petition, said that Article 164 of the Constitution authorised the federal government to release funds for a provincial project. The Narowal Sports City Complex project was initiated with the approval of federal cabinet, he added. He said that the NAB reference was based on fabricated allegations and against the facts.
He informed the court that in November 2020, the Chairman, National Accountability Bureau, Islamabad, filed the NAB Reference before the Accountability Court-III, Islamabad, pursuant to which the petitioner was charged by the Accountability Court under Section 9(a) (vi)(xii) and Schedule 5 (the “Charge Sheet”) of the National Accountability Ordinance, 1999 (the “NA0,1999”).
He adopted the stance that the NAB Reference and the Charge Sheet essentially revolves around a public-welfare sports infrastructure and facilities project named “Narowal Sports City” developed in Narowal District, Punjab.
Ahsan contended that in light of the fact that no incriminating evidence was available which is a sine-qua non requirement of establishing the charge under Section 9 (a)(vi)(xii) of the NA0,1999 and there being no allegations pertaining to personal benefit or financial gains attributed to the petitioner, an application under Section. 265-K of the CrPC, for acquittal of the petitioner was filed before the Accountability Court-III, Islamabad. However, the court rejected the said application without consideration of the admitted facts on record and the law.
He said that the NAB Reference and the Charge Sheet read with the material placed on record by the prosecution do not even complete the ingredients of an offence in fact and law. Hence, the Petitioner is entitled to acquittal.
Ahsan continued that the Project at all times and stages received approvals from all competent forums including CDWP, NEC, the federal cabinet and the National Assembly of Pakistan, as part of the PSDP/development budget, and neither the Petitioner was empowered not at any time or stage he individually or singly approved the project while the NAB Reference and the Charge Sheet admits all the approvals and fails to produce any material to allege let alone prove that the Petitioner singly or individually approved the project.
Hence, he maintained that the question of “misuse of authority” does not arise at all against the petitioner in his personal capacity. In the light of above submissions, he prayed that the impugned order may be set aside and the petitioner may graciously be acquitted from the charge in the best interest of justice.