ISLAMABAD, Dec 14 (Online): Islamabad High Court (IHC) has declared New York property reference framed by NAB against former president Asif Ali Zardari is beyond law.
The court remarked all the cases of NAB are spoiled being not in conformity with law.
The court ordered the NAB to exclude income tax matter and frame new reference till January 18. The reference came up for hearing before a two members bench of IHC comprising Chief Justice (CJ) Athar Minallah here Tuesday.
The court remarked NAB should have sent the matter to FBR before framing the reference. The NAB is treading on what way, it is only wasting its time. NAB is not above law. How can it nullify income tax order on its own. NAB is not empowered to nullify FBR assessment order. NAB should send the case to FBR as the latter has powers to see this matter.
Farooq H Naik counsel for Asif Zardari said plea for acquittal was filed before the indictment of Asif Ali Zardari. The Accountability Court (AC) should have issued notice to NAB and sought reply. Asif Zardari had filed acquittal plea under the second NAB amendment ordinance.
The court inquired from NAB prosecutor has NAB filed the reference. Farooq H Naik told the court Asif Zardari purchased the property and payment was made in cash.
The court inquired reference was framed against Asif Zardari under what clause of NAB ordinance. Defence counsel told the court under no clause of NAB ordinance the case can be framed. NAB prosecutor told the court the reference has been framed under sections, 2, 4 and 12 of NAB ordinance.
Defence counsel said that NAB says why Asif Zardari purchased property being public office holder. According to NAB no one can purchase property when he is public officer holder. The AC rejected my plea without hearing my arguments.
NAB prosecutor told the court Supreme Court had ordered NAB to investigate fake accounts. A transaction of Rs 150 million for purchase of property was made from fake account. The amount was paid to one Muhammad Bari who sold the property. The seller of the property admitted before the magistrate in his statement that he received Rs 150 million through cheques.
Justice Amir Farooq remarked according to SC decision only statement before the magistrate has no value.
NAB prosecutor said that Aif Zardari mentioned the value of property Rs 53 million in wealth statement. The court inquireD has NAB investigation officer obtained any report from FBR.
NAB prosecutor said it is money laundering case. Wealth statement is one of its evidence. The court remarked if it is money laundering case then it is case of only Rs 53 million.
NAB has option it can send this case to FBR and FBR is empowered to see both things simultaneously. The court adjourned the hearing of the case till January 18.
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