Dismissal of Zardari's petition: Judgement says there's no bar on NAB chief to file supplementary reference

ISLAMABAD: The Accountability Court in its detailed verdict, regarding dismissal of former president Asif Ali Zardari's petition seeking quashing three supplementary references, said that there was no bar under the National Accountability Ordinance (NAO) 1999 or any other law in filing of supplementary reference by the NAB chairman.

The Accountability Court judge, Muhammad Azam Khan, on September 23rd, rejected Zardari's plea seeking acquittal in three supplementary references filed by the National Accountability Bureau (NAB), in connection with mega money laundering case turned down the petition, and fixed September 28th for indictment.

The detailed verdict says as far as filing of supplementary reference is concerned the NAB chairman can file supplementary reference, if any new additional incriminating evidence or circumstances appeared before the investigation officer (IO), a supplementary reference can be filed as there is no other way to submit such evidence during trial before the trial court. Moreover, there is no bar under the NAO 1999 or any other law in filing of supplementary reference by the NAB chairman.

It says that the Accountability Court under Section 18, of the NAO 1999, can take cognizance only upon a reference filed by the NAB, unlike other modes mentioned under Section 190 CrPC like private complaint or upon own knowledge or suspicion. This court received interim reference, and in that reference it is mentioned in the heading that it is an interim reference, meaning thereby that it was not a complete reference, and investigation was also mentioned interim reference was filed before the Accountability Court.

The Accountability Court on April 9, 2019, which was entrusted to this court, and in the meanwhile, supplementary reference was filed on January 27, 2020, and after examining the material in the supplementary reference, newly-arrayed accused including accused/petitioner were summoned.

Thus, cognizance was taken on the said supplementary reference contemplated under Section 18 of the NAO 1999.

Hence, this court is of the view that both the objection raised by accused petitioner's counsel for the quashment of supplementary references are without any merit, consequently the instant application for the quashment of supplementary references is dismissed, being without any merits.

Copyright Business Recorder, 2020