IHC adjourns hearing in Zardari’s plea to quash interim reference
RECORDER REPORT
ISLAMABAD: The Islamabad High Court (IHC) Wednesday adjourned the hearing in former president Asif Ali Zardari’s petition to quash an interim reference in Park Lane properties case, due to non-availability of his counsel.
A division bench of the IHC comprising Justice Aamer Farooq and Justice Ghulam Azam Qambrani conducted hearing of the co-chairman of Pakistan Peoples Party (PPP).
During the hearing, counsel of former president stated before the court that the National Accountability Bureau (NAB) courts cannot investigate the mega-money laundering case.
He contended that according to an amendment made in Section 27 of the Financial Action Recovery Act, the banking court can hear and investigate the money laundering case instead of the NAB courts.
The lawyer further said the governor State Bank of Pakistan has not filed a reference against his client, neither sent any notice.
Justice Aamer said the court would see the legal aspects of the case, and deferred the further hearing of the case till November 10.
The co-chairperson of PPP filed the petition through his counsel Farooq H Naek and cited chairman NAB, judge Accountability Court (AC) Islamabad, and the State as respondents.
In his petition, Zardari stated that he was aggrieved by and dissatisfied with the order of 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 told that an inquiry into some fake bank accounts of Karachi was initiated by the 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 the NAB to investigate and if cognizable offence are found, file references accordingly.
He added 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 are 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 the 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.
He informed that the said interim reference is with respect to loan of Rs1.5 billion taken by M/s Parthenon (Pvt) Limited from private banks by pledging valuable immovable property of M/s Parklane Estate (Pvt) Limited.
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 quashment 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 before the court to quash the reference No 13 of 2019 being without jurisdiction, illegal, unlawful, null and void ab-initio.
