ISLAMABAD: An accountability court in Islamabad Monday reserved its decision on the polo ground reference case against former president Asif Ali Zardari after hearing the arguments of his counsel and the National Accountability Bureau (NAB) prosecutor, DawnNews reported.
Accountability court judge Mohammad Bashir heard the five NAB references against the former president.
During the hearing, Zardari’s counsel Farooq H. Naek presented his arguments in the court and said the polo ground reference was sent under the Accountability Act of 1997.
He said the Federal Investigation Agency's (FIA) investigation in the polo ground reference was unlawful, adding that without the NAB chairman’s application, the FIA could not undertake a suo motu probe.
Naek said the statements of 28 eye-witnesses and two investigative officers had been recorded in the case and added that none of the witnesses had nominated Zardari.
He furthermore said Zardari was the husband of the former prime minister Benazir Bhutto and questioned as to what could his role be in the ongoing construction in the Prime Minister House. He said construction work took place frequently in the President House and the PM House.
Naek said Lt General (R) Abdul Qayyum had remained Benazir’s military secretary from 1994 to 1996, adding that according to him, neither Zardari nor Benazir had ever ordered the construction of the polo ground.
He moreover said the suo motu investigation was carried out in the case and according to FIA officer Chaudhry Najabat, he had not received any formal directives for carrying out the probe.
The counsel said the investigation could not longer have a legal status following Najabat’s disclosure and also said the FIA officer’s statement was contradictory when it came to the records of witness statements.
Separately, Naek said the court had acquitted the accused person in the reference and that the acquittal was not challenged by the NAB.
Naek said if the court had ruled that the main suspect in the case was not guilty, then there were no grounds for running a reference against the co-accused.
He said NAB’s prosecution team should be involved in the reference.
After Naek’s arguments ended, the NAB prosecutor started his. He said witnesses in the case should be given a chance to appear in court.
He further said that a charge sheet had been prepared against Zardari, adding that the accused should be indicted and then given an opportunity to defend himself.
Following the completion of arguments, the court reserved its decision on the references without issuing a date of its announcement.
The references filed against Zardari are:
Polo ground case: This reference builds upon the construction of a polo ground along with ancillary works at the Prime Minister House, which NAB says are illegal and in violation of the rights and privileges afforded to him.
SGS: This corruption case is the continuance of a reference filed in 1997 that accused the late Benazir Bhutto and her spouse Zardari to have gained off a contract between the SGS and the government.
ARY: This reference revolves around granting of trade licenses to ARY Traders for importing gold and silver which NAB says has caused losses to the treasury.
Ursus tractors: This reference deals with alleged corruption during the import of Russian and Polish tractors.
Cotecna: This case is about the award of a contract to the Swiss company after allegedly receiving six per cent bribe on the revenue proceeds.