ISLAMABAD - The Islamabad High Court (IHC) will resume hearing in Federal Minister for Planning and Development Ahsan Iqbal’s petition challenging Accountability Court’s verdict of rejecting his petition seeking acquittal in a corruption reference on May 11.
A division bench of IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Saman Rafat Imtiaz will conduct hearing of the petition moved by the PML-N leader.
On the last hearing, the NAB submitted its reply praying to the court to reject Ahsan Iqbal’s petition challenging AC’s verdict of rejecting his petition seeking acquittal in a corruption reference.
The NAB prosecutor submitted its response in the appeal of Ahsan against the AC’s verdict and adopted the stance that the department wanted to submit more documents in the case. The prosecutor said that the accused had been indicted in the reference and the court had testified three witnesses in the case.
Justice Athar remarked that the NAB reference was basically a challan and the reference was supposed to be filed after completion of investigation. He added that the trial should be completed within 30 days as per the law.
Justice Athar also remarked that accountability process of the Bureau is not across the board rather it is being used against the political leaders. He also regretted that politicians have not learnt anything from the history.
The IHC Chief Justice said that in the past, it was alleged on the patriotic people that they were not loyal to the country. He mentioned that it was alleged on the Awami National Party, Khair Bux Muree and Ataullah Mengal that they were not loyal to the country and against the state.
However, the NAB prosecutor said that the reference had alleged Ahsan Iqbal for misuse of his powers in Narowal Sports City Complex project. The IHC Chief Justice asked from the NAB prosecutor to tell that how a reference is prepared in the light of this court’s verdict in Masood Chishti case. He further said that the court would accept the acquittal plea if the bureau failed to answer.
Then, the Federal Minister came to the rostrum and stated that he had offered the NAB to prove increase in his assets after he joined the politics. He said that the NAB was just damaging his repute.
Later, the IHC bench deferred the hearing of the case till May 11 for further proceedings.
In his appeal, the PML-N leader challenged dismissal of his acquittal plea by the Accountability Court in the Narowal Sports City Complex reference. He moved the court through his counsel Syed Zulfiqar Abbas Naqvi and cited Chairman NAB and judge Accountability Court (AC) – III Islamabad as respondents.
Ahsan Iqbal, in his petition, said that Article 164 of the Constitution authorised the federal government to release funds for a provincial project. The Narowal Sports City Complex project was initiated with the approval of federal cabinet, he added. He said that the NAB reference was based on fabricated allegations and against the facts.
He informed the court that in November 2020, the Chairman NAB Islamabad, filed the NAB Reference before the Accountability Court No. III, Islamabad, pursuant to which the petitioner was charged by the AC under Section 9(a) (vi)(xii) and Schedule 5 (the “Charge Sheet”) of the National Accountability Ordinance, 1999 (the “NA0,1999”).
He adopted the stance that the NAB Reference and the Charge Sheet essentially revolves around a public-welfare sports infrastructure and facilities project named “Narowal Sports City” developed in Narowal District, Punjab.
Ahsan contended that in light of the fact that no incriminating evidence was available which is a sine-qua non requirement of establishing the charge under Section 9 (a)(vi)(xii) of the NA0,1999 and there being no allegations pertaining to personal benefit or financial gains attributed to the petitioner, an application under Section. 265-K of the CrPC, for acquittal of the petitioner was filed before the Accountability Court, No. III, Islamabad. However, the court rejected the said application without consideration of the admitted facts on record and the law.
He said that the NAB Reference and the Charge Sheet read with the material placed on record by the prosecution do not even complete the ingredients of an offence in fact and law. Hence, the Petitioner is entitled to acquittal.
The petitioner further said that the NAB Reference and the Charge Sheet attempt to criminalise actions and decisions which were duly sanctioned by and taken pursuant to the relevant Constitutional provisions. He added that Article 164 of the Constitution expressly empowers the federal government to spend funds on a provincial project, and the said practice is a norm in the governance system of Pakistan.
Ahsan continued that the project at all times and stages received approvals from all competent forums including CDWP, NEC, the federal cabinet and the National Assembly of Pakistan, as part of the PSDP/development budget, and neither the Petitioner was empowered not at any time or stage he individually or singly approved the project while the NAB Reference and the Charge Sheet admits all the approvals and fails to produce any material to allege let alone prove that the Petitioner singly or individually approved the project.
Hence, he maintained that the question of “misuse of authority” does not arise at all against the petitioner in his personal capacity. In the light of above submissions, he prayed that the impugned order may be set aside and the petitioner may graciously be acquitted from the charge in the best interest of justice.