Transfer of ‘fake’ accounts case to Islamabad in accordance with SC order, rules SHC

KARACHI: The Sindh High Court (SHC) has ruled that the order of a banking court transferring a ‘fake’ accounts and money laundering case against co-chairman of Pakistan Peoples Party (PPP) Asif Ali Zardari, his sister and others to Islamabad was in accordance with the Supreme Court’s judgement.

On April 2, a two-judge SHC bench headed by Chief Justice Ahmed Ali M. Shaikh dismissed a set of applications moved by Mr Zardari and others against the banking court’s order, through a short order.

According to the detailed order issued on Thursday, the main thrust of the arguments advanced by the lawyers for the applicants was that under the orders of the apex court, the National Accountability Bureau (NAB) was not authorised to get the case in question (FIR No. 04/18) transferred from a banking court in Karachi to an accountability court at Islamabad and the allegations contained in the FIR did not constitute an offence falling within the ambit of the NAB Ordinance.

While reproducing some parts of the apex court’s Jan 7 judgement, the SHC ruled: “After examining the judgement of Honourable Supreme Court, we do not see any ambiguity in the said judgment which would lead us to conclude that the transfer of the case pending before the special court (arising out of FIR No. 04/2018) was excluded from the ambit of the judgement when it was ordered that a reference by the NAB be filed before the accountability court, Islamabad.”

Referring to the reliance on Article 187(2) by the lawyers for applicants, the SHC bench said the same was not applicable in the current scenario.

“As we have concluded that the transfer of the case arising out of FIR No. 04/2018 and the filing of reference at Islamabad is a consequence of the material placed before the NAB and directions of the Honourable Supreme Court,” it added.

The bench also observed that the March 15 order of the banking court was a speaking and reasoned order, which did not warrant interference by this court.

The former president, his sister Faryal Talpur, detained chairman of Omni Group Anwar Majeed, his sons, former chairman of the Pakistan Stock Exchange Hussain Lawai and others had challenged the March 15 trial court order before the SHC.

The Federal Investigation Agency (FIA) had named Mr Zardari, his sister Ms Talpur, Anwar Majeed, his sons and over 10 others as suspects in the interim charge sheet filed before the banking court in FIR No. 04/18 in August last year for the alleged money laundering of over Rs4 billion through fake bank accounts.