KARACHI: The Sindh High Court on Tuesday dismissed applications filed by former president and Pakistan People's Party’s Co-chairman, Asif Ali Zardari, his sister Faryal Talpur and others against the banking court order with regard to transferring multi-billion fake bank accounts case to accountability courts in Islamabad.
Asif Ali Zardari, Faryal Talpur, banker Hussain Lawai, Khawaja Anwar Majeed and others, who were named as co-accused and beneficiary in the multi-billion fake accounts and money laundering case, have challenged the banking court order in the Sindh High Court with regard to transferring the fake account case to administrative judge of accountability courts in Islamabad.
Applicants' counsel Farooq H Naek and Shaukat Hayat submitted that no cognizable offence of NAB has been made out and the same has no force as the Supreme Court has already, on the basis of material collected during the probe of the joint investigation team, transferred the investigation of the entire subject matter to NAB authorities at Islamabad.
They questioned the jurisdiction for transfer of the case to accountability court and submitted that the instant case cannot be transferred on the application of chairman NAB to accountability court, Islamabad, in view of provisions of Section 16-A of NAO Ordinance 1999. They submitted that no cognizable offence under NAOhas allegedly been made out from the contents of FIR.
They submitted that there was no specific direction of the Supreme Court in its January 7 order for transfer of the case to accountability court besides in the inter-provincial transfer of a case, the transfer application lies before the SC under Section 16-A (b) of NAO 1999. They submitted that the prosecutor general NAB has neither moved the application under Section 16-A nor the SC has passed such order for transfer of the case.
The court was requested to set aside the impugned order of the banking court on March 15 and in meantime suspend the operation of the impugned order till disposal of the application. The National Accountability Bureau’s prosecutor submitted that transfer of multi-billion fake bank accounts case against former president Asif Ali Zardari, his sister Faryal Talpur and others to the administrative judge of accountability courts in Islamabad was made under the specific instruction and direction of the Supreme Court.
The NAB’s prosecutor submitted that the application was not maintainable as the applicants did not come to the court with clean hands. The NAB prosecutor submitted that the application against the banking court order was filed to defeat the ends of justice as such matter has been transferred by the banking court to Islamabad under Section 16-A(a) of National Accountability Bureau Ordinance on the guidelines and directions of the Supreme Court.
He submitted that the SC had specifically issued directions in paragraph 37 of the order in respect of transfer of all material and evidence collected by the joint investigation team to the NAB immediately.
The NAB counsel submitted that the final synthesis report of JIT has been discussed by the Supreme Court, therefore, the banking court order has to be followed in its letter and spirit. He submitted that the transfer of trial order was not liable to be intervened by the high court as the same was passed by the special court for banking offence under the guidelines and directions of the SC.
He submitted that SC had ordered the NAB that if it considers expedient and appropriate to conduct any further or additional probe, inquiry or investigation involving the matters which are the subject matter of the JIT from a point of view of determining the true facts, it shall be free to do so at Islamabad.
The court after hearing the arguments of the counsel, for reason to be recorded later on, dismissed the applications.
It is pertinent to mention that the Supreme Court in its January 7 ordered that joint investigation team record in fake account shall be transmitted to the NAB for further investigation. The SC directed the NAB if it considers expedient and appropriate to conduct any further or additional probe, inquiry or investigation involving the matters which are the subject of the report of the JIT from a point of view of determining the true facts, it shall be free to do so at Islamabad.
The court however observed that such probe, inquiry or investigation shall be completed within a maximum period of two months thereafter, in case, cognizable offences are made out, the recommendations contained in paragraph 300 at page 124 of the Final (Synthesis) Report shall be acted upon and the requisite reference shall be filed in the concerned Accountability Court.
