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Sunday October 06, 2024

Toshakhana vehicles: Verdict reserved on pleas to refer back references against bigwigs to NAB

President's lawyer argues case should be referred back to NAB as accountability court lacks authority to hear it

By Arfa Feroz Zake
September 25, 2024
(Left to right) PML-N President Nawaz Sharif, President Asif Ali Zardari, and Senate Chairman Yusuf Raza Gilani. — AFP/X/@PresOfPakistan/APP
(Left to right) PML-N President Nawaz Sharif, President Asif Ali Zardari, and Senate Chairman Yusuf Raza Gilani. — AFP/X/@PresOfPakistan/APP

ISLAMABAD: An accountability court in Islamabad on Wednesday reserved a verdict on the National Accountability Bureau's plea to refer the Toshakhana reference against President Asif Ali Zardari, former prime minister Nawaz Sharif and Senate Chairman Yusuf Raza Gilani back to the anti-corruption watchdog.

Accountability court Judge Abida Sajjad heard the plea, filed by the anti-graft body, involving the former prime ministers and the incumbent head of state, and reserved the verdict set to be announced on October 14.

The case relates to the 2020 reference filed by NAB against the trio alleging that President Zardari and ex-PM Nawaz obtained vehicles from the Toshakana by paying 15% of the price of the cars — and all of this was facilitated by Gilani.

During today's hearing, President Zardari's lawyer Farooq H Naek said the court lacks the authority to hear the case following the NAB amendments and, therefore, it should be referred back to the anti-graft body.

"Earlier such a case was sent back to NAB," said the counsel.

At this, the NAB prosecutor said that when a case does not fall within the jurisdiction of the accountability court, then the merit of the case will not be discussed and the the court has to decide if the reference is to be sent back to the NAB.

The case against President Zardari cannot proceed as he has presidential immunity, the prosecutor remarked, adding that the case against him will be referred to the Federal Investigation Agency (FIA).

The NAB official further requested the court to refer Nawaz's case back to the watchdog and maintain the stay order to the extent of the president.

Toshakhana vehicle reference

The reference filed by the NAB alleges that President Zardari was gifted luxury cars by the governments of Libya and the United Arab Emirates (UAE), and he used them instead of submitting them to the Toshakhana.

Meanwhile, Nawaz, as alleged by the anti-corruption watchdog, was given a car from the Toshakhana by the PPP government in 2008 even though he did not hold any official position in the government.

It is pertinent to know that in May this year, the accountability court halted proceedings against President Zardari owing to the immunity enjoyed by the country's head of state.

Piort to it, NAB exonerated Nawaz in the said vehicle reference and requested the court to acquit the PML-N president saying that the car in question was not a part of the Toshakhana at the time of purchase by the former prime minister.

As per the watchdog's findings, the Saudi government gifted a car to then-prime minister Nawaz in 1997 which he deposited in Toshakhana.

Later in 2008, the report mentioned, then-PM Yusuf Raza Gilani offered the PML-N supremo to buy the same car.

Therefore, Nawaz bought the car not from the Toshakhana, but from the federal transport pool, the report maintained, adding that the vehicle was not purchased using a fake bank account.