ISLAMABAD - The Islamabad High Court (IHC) Thursday dismissed appeals of National Accountability Bureau (NAB) against PPP Co-chairperson and former president of Pakistan Asif Ali Zardari’s acquittal in four corruption references.
A division bench of IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Sardar Ejaz Ishaq Khan conducted hearing of the NAB’s applications seeking withdrawal of its appeals against Zardari’s acquittal in the references that went back to the 1990s.
The IHC bench dismissed the appeals against Zardari on merit despite accepting NAB’s request to withdraw the appeals.
The NAB had filed these references against Zardari some 25 years ago. However, an Accountability Court (AC) of Islamabad had later acquitted the PPP leader in 2014 and 2015.
On Wednesday, the NAB filed an application in the IHC and adopted the stance that further prosecution of these cases would be futile as the available evidence was based on photocopies and did not comply with the Qanoon-i-Shahadat (law of evidence). During the hearing, Additional Prosecutor General NAB Jahanzeb Khan Bharwana appeared before the court and requested to formally withdraw the appeals. Justice Athar said that according to merit, the anti-graft watchdog’s case was not based on merit. He added that the court had told you many times that this appeal is not warranted on merit.
The NAB prosecutor agreed with the judge’s remarks and added that is why the relevant authority had approved their withdrawal and the watchdog had also submitted a request to withdraw the case.
However, the IHC Chief Justice said that they are accepting NAB’s request to withdraw the appeals and also rejecting them on the basis of merit. He further pointed out that the appeals were not even justified on the basis of merit.
Justice Athar asked from the NAB prosecutor that if the institution had conducted any inquiry about the missing case record. Bharwana responded that an investigation was ordered in this regard. Justice Sardar Ejaz Ishaq Khan asked that did you not know where the records of the cases had gone.
Justice Athar remarked that the NAB knew where the records had gone. He mentioned that the NAB had said on the last hearing that the record went missing somewhere between the accountability court and Supreme Court (SC).
The IHC CJ asked that are you saying that the registrars made those records disappear? Bharwana reiterated that an inquiry on the matter was ordered.
The NAB submitted four separate applications in the IHC to withdraw appeals against Zardari’s acquittal by the accountability court in the SGS and Cotecna, Ursus Tractors, Polo Ground and ARY Gold References and adopted the stance that only photocopies of the documents are on record against the former president.
The anti-graft watchdog said in its application that only photocopies of the documents are on record in the references against Zardari and therefore, further prosecution is impossible.
It also mentioned that the available documents are not in accordance with the law of evidence. It stated that further prosecution on the appeals is an impossible task and therefore, to meet the requirements of justice, the court should allow NAB to withdraw the appeals against Zardari’s acquittal. The two cases ARY Gold reference and Ursus Tractors were filed in the years 2000 and 2001 while the accountability court issued its verdict to acquit the PPP co-chair on December 12, 2014. Similarly, Zardari was acquitted by the accountability court in the Cotecna and SGS references on November 24, 2015.
Earlier, the NAB had stated in its appeal that the trial court had no power to acquit the accused in corruption case. The anti-graft body had challenged the acquittal of Zardari by the accountability court in four references in 2014 and 2015.
NAB had moved the IHC through its prosecutor general and challenged AC decision in which it had acquitted Zardari in four corruption references including ARY Gold, SGS, polo ground and Ursus tractors corruption references.
In the application, NAB had cited Zardari as respondent and pleaded the court to declare the said verdicts 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