ISLAMABAD – Islamabad High Court (IHC) on Wednesday adjourned the hearing in former president Asif Ali Zardari’s petition to quash an interim reference in the matter of Park Lane properties due to non-availability of his counsel.
A division bench of IHC comprising Justice Aamer Farooq and Justice Tariq Mahmood Jahangiri conducted hearing of the petition of Co-chairman of Pakistan People’s Party (PPP).
During the hearing, an assistant lawyer of Farooq H Naek, the main counsel for the former president, sought some time to argue the case due to non-availability of Naek and requested the court to adjourn the hearing.
Acceding to his plea, the IHC bench deferred the hearing of the case for an indefinite period.
The PPP Co-chairperson filed the petition through his counsel Farooq H Naek and cited Chairman National Accountability Bureau (NAB), Judge Accountability Court (AC) Islamabad and state as respondents.
In his petition, Zardari said that he was aggrieved by and dissatisfied with the order of the accountability court dated 7-8-2020 whereby petitioner’s application for quashment of the said interim reference and application for first deciding/determining jurisdiction of the Accountability Court in this matter, were dismissed by the AC Islamabad.
He said that an inquiry into some fake bank accounts of Karachi was initiated by FIA in the year 2015 and noticing delay, the Supreme Court in 2018 took sou moto notice thereof which resulted in Joint Investigation Team (JIT) and its recommendations culminating in order dated 07.01.2019 by the apex court directing NAB to investigate and if cognizable offence were found, file references accordingly.
He said that in paragraph 37 (v) of the Order dated 07-01-2019 the Supreme Court of Pakistan specifically directed the NAB to act strictly in accordance with law and after inquiry and investigation in case and if cognizable offences were made out the recommendation contained in paragraph 300 of the final synthesis report shall be acted upon and the requisite reference shall be filed in the concerned Accountability Court.
Zardari’s counsel pointed out that the NAB in garb of Order dated 07-01-2019 passed by the apex court filed an interim reference No. 13 of 2019 against the above-named petitioner and others without following proper legal requirements and without conducting inquiry and investigation as required under the law.
The counsel continued that the AC Islamabad vide two orders both dated 7- 8-2020 dismissed the applications for first determination of jurisdiction of accountability court and quashament of the interim reference under Section 31-D of NAO 1999 read with Section 265-D CrPC as well as application for withdrawal of application for quashment of the interim reference.
Therefore, he prayed to the court to quash the reference No. 13 of 2019 being without jurisdiction, illegal, unlawful, null and void ab-initio.
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