Zardari moves SC over transfer of case

The petitioner (Zardari) has time and again been made the target of political vendetta and vengeance,” states the petition

ISLAMABAD - Former president Asif Ali Zardari on Tuesday challenged the Sindh High Court (SHC) order, wherein it had dismissed his application against transfer of fake accounts case from banking court Karachi to accountability court Islamabad.

Senior lawyer Farooq H Naek, counsel for Zardari, filed the petition stating that his client has been made to suffer on account of political victimisation and mudslinging by involving him in many false and fabricated cases.

“The petitioner (Zardari) has time and again been made the target of political vendetta and vengeance,” stated the petition adding that Zardari has seen the rigours of jail numerous times in false and politically motivated cases for accumulative period of about eleven years.

The petition stated that an FIR was registered in 2018 by Federal Investigation Agency (FIA) wherein Zardari was not shown as an accused. “However, in the Interim Challan filed by FIA, the petitioner (Zardari) was malafidely mentioned as an accused.”

The petition further stated that the SHC’s April 2 order failed to appreciate that the top court in the fake account case did not give any directions for the transfer of FIR from Banking Offences Court Sindh at Karachi to Accountability Court or at all.  It added that the SHC’s order is based on the mis-reading of the top court’s January 7 order in money laundering case through fake bank accounts.

“The High Court of Sindh at Karachi in para 12 of the impugned Order, erred in coming to the conclusion that this Hon’ble Court ‘ordered’ that a reference by NAB be filed before the Accountability Court at Islamabad whereas no such order had been passed,” the petition stated.

The petition further argued that SHC failed to appreciate that from the plain reading of Section 16 A (a) and (b) of National Accountability Ordinance 1999 it is crystal clear that although Chairman NAB can apply for the transfer of any case pending before any Court to NAB Court but only in the same province.

It added that the SHC order is without jurisdiction as only the Supreme Court has power to allow transfer of any case pending trial in one province to another province under Section 16 A(b) NAO 1999.

“The Impugned Order(s) run(s) contrary to case law and precedents established by the Apex Court and the Superior Courts of Pakistan and the same is per incuriam.”

The petition prayed before the top court to set aside the SHC’s April 2 of 2019 judgment.  The petition made Chairman NAB and Presiding Officer Special Court (Offences in Respect of Banks Sindh) as respondents.


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