The Accountability Court Islamabad has reserved its decision on the request to transfer the Toshakhana vehicle reference against the President Asif Zardari, former Prime Ministers Nawaz Sharif and Yousuf Raza Gilani and others to another court.
Accountability Court judge Abida Sajjad heard the Tosha Khana vehicle reference against President Asif Ali Zardari, former prime ministers Nawaz Sharif, Yousuf Raza Gilani and others.
The judge remarked that NAB has submitted its reply, to which lawyer Farooq H Naik said that we have not received the copies yet. While talking to Farooq H. Naik, the judge said that I had given the instructions, so why were you not given the copies?
The court staff provided NAB’s reply to Farooq H. Naik. Deputy DG Prosecutor NAB also appeared in the court room.
Lawyer Farooq H. Naik said that NAB did not know what was written by hand at the end. The judge remarked that NAB was saying verbally, send the case to the Special Judge Central and write down the instructions.
Will the Tosha reference against Asif Zardari and Nawaz Sharif go forward or not? Judgment reserved
Giving arguments, lawyer Farooq H. Naik said that there is no trust in life, I have seen many judges retire in these cases, in the end we are the children, so I request that the case be sent to the FIA agency and the same court. Challan has not been produced in this case till now.
Deputy DG NAB objected to sending the case to the FIA agency and said how the agency will conduct the examination. Lawyer Farooq H. Naik said that this case took place under NAB Section Nine and statements were also recorded, there will be a re-inquiry in this case and the inquiry agency will do it.
The judge inquired what happened in the case of founder PTI? The lawyers said that a challan had been received in it, hence it was moved to the court.
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Lawyers for Yusuf Raza Geelani, Nawaz Sharif and other accused agreed with the arguments of Farooq H. Naik.
The court reserved judgment on sending the reference to the FIA agency or Special Judge Central, which will be heard on November 21.
NAB’s answer
Before the hearing, NAB submitted a reply to the Accountability Court referring back the reference requesting transfer of the Toshakhana vehicles case to the court of Special Judge Central.
In the submitted reply, NAB said that the total value of this reference is 4 crore 82 lakh rupees, this case no longer comes under the jurisdiction of NAB, after the NAB amendments, the fraud of more than 50 crores comes under the jurisdiction of NAB.
Tosha Khana Reference
According to the reference filed by the National Accountability Bureau in the Accountability Court, Yusuf Raza Gilani is accused of illegally allotting vehicles to Pakistan People’s Party (PPP) Co-Chairman Asif Zardari and Muslim League (N) leader Nawaz Sharif. .
In this reference, Omni Group chief Khawaja Anwar Majeed and Khawaja Abdul Ghani Majeed have also been named accused.
In the reference, it was said that Asif Zardari and Nawaz Sharif paid only 15% of the price of the cars and got the cars from Tosha Khana.
The bureau alleged that Yusuf Raza Gilani facilitated Nawaz Sharif and Asif Zardari in this regard and illegally relaxed the procedures for accepting and disposing of gifts.
Tosha Khana vehicle reference: Yusuf Raza Gilani challenged the jurisdiction of NAB and court
The reference said that Asif Zardari received armed vehicles (BMW 750 Le model 2005, Lexus Jeep model 2007 and BMW 760 Le model 2008 from Libya) from UAE in September and October 2008.
According to the said reference, he was obliged to report it immediately and deposit it in the Tosha Khana of the Cabinet Division, but he neither informed about the vehicles nor they were removed.
The NAB reference alleged that in the year 2008, Nawaz Sharif did not hold any official position, yet from April to December 2008, he used the procedure under the Cabinet Division for his own benefit without making any application to the then Prime Minister Yousuf Raza Gilani. Dishonestly and unlawfully obtained leniency in the car.
According to the reference, Khawaja Anwar Majeed transferred 92 lakh rupees from an account of National Bank of Awari Tower to the account of Asif Zardari using the accounts of MS Ansari Sugar Mills Limited.
Apart from this, he paid 1 crore 11 lakh 17 thousand 557 rupees on behalf of Asif Zardari through an account, the accused received a total of 2 crore 3 lakh 17 rupees for the illegal benefits of Asif Zardari in connection with his illegal scheme. Thousand 557 paid Rs.
On the other hand, Khawaja Abdul Ghani Majeed made serious payments of 3 thousand 716 million (371 crore 60 lakh) rupees to give unfair advantage to Asif Zardari.
NAB accused these persons of committing the crime of corruption and indulging in corrupt practices specified under NAB rules.
NAB had requested the court to prosecute these accused and give the harshest jail sentence.
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**Interview with Legal Expert on Toshakhana Reference Case**
**Host:** Welcome to today’s segment. We have with us legal expert, Dr. Aisha Malik, to discuss the recent developments in the Toshakhana vehicle reference case involving prominent political figures like Asif Ali Zardari, Nawaz Sharif, and Yousaf Raza Gilani. Thank you for joining us, Dr. Malik.
**Dr. Aisha Malik:** Thank you for having me.
**Host:** Let’s dive right in. The Islamabad Accountability Court has reserved its decision on whether to transfer the case to another court. What are the implications of this decision?
**Dr. Aisha Malik:** Reserving judgment is a crucial procedural step. It indicates that the court is taking time to thoroughly consider the requests from both the National Accountability Bureau (NAB) and the defense lawyers. If the court decides to transfer the case, it could reshape how the proceedings are conducted, potentially affecting the timeline and what jurisdictional rules apply.
**Host:** The NAB has claimed that the value of this case is above the threshold for its jurisdiction after recent amendments. How does this impact the case?
**Dr. Aisha Malik:** This is significant as it opens up questions about the authority of the NAB to pursue this case. If the court accepts the NAB’s argument, it may lead to a dismissal of the case against these political figures, or at least a referral to the FIA, which would have different investigative powers and processes. This could alter the dynamics of this high-profile case considerably.
**Host:** The defense lawyer, Farooq H. Naik, has voiced concerns about the handling of this case. What challenges might they face moving forward?
**Dr. Aisha Malik:** The defense has raised issues regarding the transparency and thoroughness of the investigation. Without trust in the legal process, as Mr. Naik indicated, the defense could argue for procedural irregularities, which could be grounds for dismissal. Additionally, if there are delays or perceived obfuscations from NAB, it could undermine their position in the eyes of the court.
**Host:** It seems there’s considerable tension between the prosecution and defense. How do you see this playing out in the court’s next hearing scheduled for November 21st?
**Dr. Aisha Malik:** Given the complexities involved, including the controversial nature of the allegations and the political weight behind the accused, I anticipate a heated legal battle at the next hearing. Both sides will present their arguments robustly, and the court’s decision will likely be pivotal in determining not just the trajectory of this case but also the accountability landscape in Pakistan moving forward.
**Host:** Thank you, Dr. Malik, for your insights. It seems like a crucial period ahead for this case.
**Dr. Aisha Malik:** Absolutely, and I look forward to keeping an eye on it. Thank you for having me.
**Host:** Thank you for joining us, and we’ll continue to follow the developments in this significant case.
