£190m case: IHC sends acquittal pleas by Imran, wife to trial court

RAWALPINDI: Accountability Court Judge Nasir Javed Rana conducted hearing of £190 million reference in Adiala Jail on Friday. Bushra Bibi did not appear, but her application for exemption from attendance on medical grounds was approved.

Lawyer Salman Akram Raja said Islamabad High Court (IHC) had ordered that the trial court should decide on acquittal of the first accused.

The judge, however, said no order had been received from the IHC yet.

Salman Raja said they were saying in writing in the court that the order was given by the Islamabad High Court.

The lawyers, who gave arguments in the IHC, should have informed the court in writing, NAB prosecutor said.

However, if lawyers were giving arguments in the court in writing, the court should look into the matter, NAB prosecutor said.

The NAB lawyers said that petition did not even have the signatures of the lawyers, who argued in the high court. The court adjourned further hearing till November 18.

On the other hand, the IHC rejected the acquittal petitions of PTI founder and his wife Bushra Bibi in £190 million reference and sent those back to the trial court.

In a nine-page decision, issued by a division bench comprising Chief Justice Aamir Farooq and Justice Mian Gul Hassan Aurangzeb, the court said that two orders rejecting the acquittal petitions were declared null and void. The trial court should decide on both the acquittal petitions.

The NAB prosecutor said the trial had reached the final stage. He argued that according to the judicial precedents, the acquittal petition was not admissible at that stage.

According to the petitioner’s lawyer, there was no evidence against the petitioner and some amendments to the ordinance were upheld, while some had been repealed. The petitioners argued that there had been a change in the law during the trial, which should be taken into account at the time of deciding the reference.

According to the petitioner’s lawyers, the amendments made to the ordinance under the Supreme Court’s decision were upheld. The decision was up to the cabinet. And the decisions of the federal government were immune from legal action unless there was an allegation and evidence of personal gain.

The PTI founder submitted a plea for acquittal, taking the position that the decision of the cabinet could not be implemented as personal gain was not obtained. Bushra Bibi applied for acquittal, stating that she was not a public official and she could not be prosecuted in that reference.

The trial court rejected application of Imran Khan and ordered that Bushra’s application be kept under consideration until the final decision. The accountability court should decide on the applications whenever it deemed appropriate during the proceedings.