The Islamabad Accountability Court has reserved its judgment on the case concerning the Toshakhana vehicle reference against former Prime Minister Nawaz Sharif, President Asif Ali Zardari, former Prime Minister Yousaf Raza Gilani, and others. The decision is set to be announced on October 14.
According to Dawn News, the hearing was conducted by Judge Aabida Sajad in Accountability Court No. 3. Lawyers for Nawaz Sharif, Qazi Misbah-ul-Hassan and Rana Irfan, along with President Asif Ali Zardari’s lawyer, Farooq H. Naik, were present in court.
During the proceedings, Farooq H. Naik argued that there are a total of five defendants in this case. He read out the NAB amendment law before the court, stating that after the amendments, this case does not fall under the court’s jurisdiction. He requested that the case, which involves 8.05 crore rupees, be sent back to the NAB Chairman since it is below the threshold of 50 crore rupees.
In response, Judge Aabida Sajad remarked, “All parties agree that this case does not fall under this court’s jurisdiction.” She noted that when the case was originally presented, Asif Ali Zardari did not enjoy presidential immunity.
Zardari’s lawyer emphasized that Zardari had claimed immunity during his previous presidency and resumed his engagement with NAB once he stepped down. He urged the court to send the reference back, stating that it would be up to NAB to decide how to proceed with the case.
Nawaz Sharif’s lawyer, Qazi Misbah-ul-Hassan, pointed out that when the court previously made a decision, the case was sent back to NAB and, according to former Chief Justice Umar Ata Bandial’s ruling, it returned to this court. The NAB prosecutor stated that the defendants had provided a bounced cheque.
Farooq H. Naik noted that a similar case had previously been sent back to NAB. The NAB prosecutor argued that if a case is outside the court’s jurisdiction, merit cannot be discussed. The court must decide whether to return the reference. Zardari enjoys immunity, making it impossible to pursue a case against him; hence, his case will be sent to the FIA, while Nawaz Sharif’s case will proceed separately.
Zardari’s lawyer mentioned that NAB had previously sent the entire reference back. Naik referenced various judicial decisions, to which the NAB prosecutor replied that when the case was last sent back, Zardari was not the President.
He added that if the court sends the case to another court instead of returning it, it would imply a discussion on merit, which this court is not authorized to conduct.
The NAB prosecutor stated that the court had already granted immunity to Zardari and that the case would remain halted as long as he is in office. Farooq H. Naik insisted that retaining the reference would violate the law, while the NAB prosecutor requested that the reference be returned concerning Nawaz Sharif but kept a stay for Zardari.
After completing the arguments, the court reserved its judgment, which will be announced on October 14.
Toshakhana Reference
The reference filed by the National Accountability Bureau (NAB) accuses Yousaf Raza Gilani, co-chairman of the Pakistan People’s Party (PPP), Asif Zardari, and Nawaz Sharif of illegally allotting vehicles. The Omni Group’s heads, Khawaja Anwar Majeed and Khawaja Abdul Ghani Majeed, are also named as defendants.
The reference claims that Zardari and Sharif obtained vehicles from the Toshakhana by paying only 15% of their value. NAB alleges that Yousaf Raza Gilani facilitated this process by illegally softening the procedures for accepting and disposing of gifts.
According to the reference, Zardari acquired armored vehicles (a 2005 BMW 750 Li, a 2007 Lexus Jeep, and a 2008 BMW 760 Li) from the UAE in September and October 2008. He was obligated to inform the relevant authorities and submit them to the Toshakhana but failed to do so.
NAB’s reference states that Nawaz Sharif had no official position in 2008, yet he illegally received concessions from the Cabinet Division for his own benefit without submitting any request to then-Prime Minister Yousaf Raza Gilani.
It further alleges that Khawaja Anwar Majeed transferred 9.2 million rupees from the accounts of MS Ansari Sugar Mills Limited to Zardari’s account through a National Bank account at the Avari Towers. He also facilitated a payment of 11,117,557 rupees on behalf of Zardari, totaling 20,317,557 rupees in illicit benefits.
Meanwhile, Khawaja Abdul Ghani Majeed allegedly made substantial payments amounting to 371.6 million rupees to confer illegal benefits on Zardari.
NAB has accused these individuals of committing acts of corruption and being involved in corrupt practices as outlined under NAB laws, requesting that the court impose strict imprisonment sentences on them.
