ISLAMABAD - The Islamabad High Court (IHC) will Monday (today) resume hearing in National Accountability Bureau (NAB)’s appeal against trial court’s verdict for acquitting the PPP’s co-chairman and former president Asif Ali Zardari in two references pertaining to polo ground and Ursus Tractors.

A divisional bench of IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Aamer Farooq will conduct hearing on NAB appeals wherein it had already sought the references record against Zardari from the accountability court which had acquitted the accused.

Previously, the court had granted time to the NAB for appointment of its prosecutor in this matter after NAB prosecutor Nasir Mehmood appeared before the court and informed the bench that the record has been sent to NAB headquarters for the appointment of prosecutor in this case. Therefore, he requested the bench to adjourn the hearing. 

The NAB had stated in its appeals 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. 

Divisional bench had sought references record against Zardari from accountability court

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 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 Zadrdari in 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.  The NAB requested the high court to declare the decision of the trial court null and void, submitting that it had given the decision in haste without assessing the gravity of the offence of the accused.  NAB prosecutor contended that the court’s decision was based on presumptions and conjectures which had no value in the eyes of the law.

Therefore, he prayed to the court to set aside the said judgment of AC which exonerated former President Asif Ali Zardari from the charges of corruption in these two references.

 Prosecutor further prayed to the court that accused may be sentenced in accordance with the law and for the larger interest of justice as overwhelming evidence is available against him. 

The NAB also highlighted in the appeal that the LHC’s deputy registrar judicial in a letter dated Feb 19, 2000, explicitly stated that Ehtesab Bench sent the original record and all the related documents to the Supreme Court in another appeal filed by the accused seeking acquittal in this case. However, instead of summoning the original record from the superior judiciary, the trial court opted to reject the appeal. 

The prosecutor adopted that without summoning the original record and documents from the apex court, the accountability court proceeded to pass the acquittal order on an application moved by the accused under Section 265-K of the Criminal Procedure Code (CrPC) which empowers the trial court to exonerate the accused at any stage. 

The polo ground reference was built upon the construction of a polo ground along with ancillary works at the Prime Minister House, which NAB said were illegal and in violation of the rights and privileges that were afforded to Zardari. 

The reference filed in 2000 alleged that the polo ground at the Prime Minister House was constructed during the second tenure of former prime minister Benazir Bhutto on the verbal orders of her husband Asif Ali Zardari to CDA chairmen Saeed Mehdi and Shafi Sehwani at an estimated cost of Rs52.29 million. 

The NAB in the reference nominated the two former CDA chairmen as the principal accused. It was alleged that both the former CDA chiefs got sheds constructed and carried out landscaping in a portion of the Prime Minister House and converted it into a polo ground. 

Another reference, which pertains to the Ursus tractors deal, alleged misappropriation in the purchase of 5,900 Russian and Polish tractors for the Awami Tractor Scheme. The court had acquitted the co-accused Nawab Yousuf Talpur and AH Kango. The Ursus tractors purchase deal allegedly caused a loss of Rs268.3 million to ADBP and Rs1.67 billion to the State Bank of Pakistan.