ISLAMABAD: NAB is considering approaching the Chief Justice Islamabad High Court against Bushra Bibi for alleged misuse of legal protection granted to her by the court in £190 million corruption case, and abuse of process of law and violation of constitutional fair trial. NAB Prosecutor General Syed Ehtesham Qadir on Friday sought permission in this regard from the NAB chairman stating that Bushra Imran, who was guaranteed legal protection by the apex court which was meant to safeguard her constitutional rights during the trial, is being deliberately misused to delay and disrupt her trial.
“Such tactics have abnormal delays and disruption in trial resulting in wastage of valuable court time and resources. Her actions have seriously prejudiced the prosecution’s ability to conclude this trial. Moreover, defendant’s (Bushra Bibi) misuse of legal protection guaranteed by Peshawar High Court has undermined the integrity of the court, and brought bad reputation.”
The NAB chairman is requested by the NAB PG to allow the latter to hold a meeting with the IHC CJ on the issue.
Explaining the background of the case, Qadir said that the £190 million reference was filed on 04-12-2023, the charge was framed on 27-02-2024. The prosecution has cited 59 PWs and after framing of the charge out of 59 witnesses, prosecution gave up 24 witnesses and the defence lawyers completed the cross-examination on 35 witnesses in 78 hearings.
Thereafter, the prosecution examined the Investigating Officer (PW 35), Mian Umar Nadeem, Assistant Director/IO but unfortunately the defence lawyer, for one reason or the other, deliberately prolonged the proceedings resulted in 38 hearings approximately took more than 3 months to conclude his evidence.
The NAB PG note added, “After the closing of prosecution evidence, the defence lawyers again took 10 adjournments and failed to record their statement u/s 342 CrPC. Meanwhile, during this period accused Bushra Imran deliberately failed to appear before the court on one pretext or the other. It is significant to point out here that for last 10 dates of hearing the Counsel for Imran Ahmed Khan Niazi did not appear before the court whereas the Counsel for Bushra Imran failed to appear before the court on 8 consecutive dates, therefore the learned trial court was constrained to issue warrant for arrest to procure her attendance.”
The PG said, “Accused Bushra Imran in a clandestine manner shifted to KP province and now after the issuance of warrant for arrest by learned trial court, she approached the Peshawar High Court, Peshawar and filed writ petition on 03-12-2024 praying therein for grant of interim relief. The High Court passed an order directing that the petitioner shall not be arrested in any criminal case/FIR till 18.12.2024.”
Bushra Imran, according to the NAB PG, has consistently engaged in a pattern of behaviour that grossly violates established procedural safeguards during trial and constitutional guarantees. Her defence counsel has filed numerous applications, many of which are without merit, intended solely to delay the trial, these tactics have resulted in unnecessary adjournments and wasting valuable court time and resources. “On 02-12-2024 Barrister Salman Safdar appeared before the learned trial court on behalf of Bushra Imran and stated that the defence is ready to extend full cooperation to the court and get this case concluded finally during the coming week and sought adjournment.”
“On 05-12-2024 despite undertaking by a Senior Advocate of Defence Counsel, Bushra Imran, defendant failed to appear before the court and once again the matter stood adjourned for 06-12-2024. Even on 06-12-2024, defendant Bushra Imran once again deliberately absented herself which speaks volumes of gross violation of procedural and constitutional guarantees extended to her, even it can be regarded to be a huge disrespectful attitude qua the learned trial court.”
Qadir note said, “Bushra Imran sought interim relief on 03-12-2024 from Peshawar High Court, Peshawar but thereafter, she is consciously showing disrespect to the proceedings pending against her in a trial court and she is also accused of misuse of concession extended by Peshawar High Court, Peshawar.”
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