Corruption reference: Dar pleads not guilty as court indicts him

ISLAMABAD: An Islamabad accountability court (AC) here on Wednesday indicted the incumbent Federal Minister for Finance, Ishaq Dar, in an interim corruption reference number 21/2017 by the title of “Assets & funds beyond known sources of income”. Ishaq Dar pleaded not guilty to the accusations.

On Wednesday, the Federal Judicial Complex Building where the accountability court is located was completely sealed and media persons were not allowed to enter the premises lest the courtroom.

Media persons, political workers and lawyers kept protesting outside the premises, but they were not allowed to enter. So much so that even NAB prosecutors Sardar Muzaffar Abbasi and Imran Shafique had to argue with police officials to enter. Even Ishaq Dar was not allowed to enter from the front gate, and he entered from the back gate of the judicial complex. Some other litigants also faced the same treatment and were not allowed inside the court.

On September 26, at the time of Mian Nawaz Sharif's appearance before the court, police had thrashed three journalists and then the AC judge took a serious note of the security. Security then evolved a unique solution to the problem that no one may be allowed to enter. 

The AC judge, Mohammad Bashir, also summoned two prosecution witnesses -- Tariq Javed and Ishtiaq Ali — for October 4. At the start of the proceedings, the legal counsel for Ishaq Dar, Amjad Pervaiz, adopted before the court that the charges could not be framed before seven days time providing copies of the reference to the accused under Section 265-C of the Criminal Procedure Code (CrPC). Seven days is a reasonable time in which an accused can study allegations leveled against him. The AC, however, did not accept this plea and indicted the accused Dar. 

Ishaq Dar also filed an application under Article 10(A) of the Constitution (right of fair trial) before the court seeking to suspend his trial until final reference is filed as the current reference against him is interim.

Ishaq Dar contended in the application that an interim reference was filed against him with mala fide intention so that National Accountability Bureau (NAB) prosecution could keep on improving and cover up lacunas in the references. In his application, Ishaq Dar said that in para 5 of the reference, it is said that role of aiders and abettors is still under investigation, which is strange for the petitioner.

The AC, however, said that the reference to some extent isfinal, and charges will be framed only to that extent. In some respects, investigation is concluded and the right of fair trial to the accused will not be prejudiced. The AC then dismissed this application. Legal counsel for Ishaq Dar told the court that on the next date of hearing, he will arrange representation of alleged benamidars. The court also directed him to arrange representation of his benamidars in the next hearing. There are allegations of money laundering and making benami properties against Ishaq Dar.

Regarding the two above said prosecution witnesses Tariq Javed and Ishtiaq, Ishaq Dar's counsel said that they have produced bulks of documents. The AC directed NAB prosecution to direct other prosecution witnesses to remain ready for recording their testimonies. NAB has listed 28 witnesses in this case.

It may be mentioned here that Lahore NAB on September 18 had written to the State Bank of Pakistan that since a reference was pending against Ishaq Dar, the bank accounts of Dar may be cautioned.  In the reference, NAB has alleged that the accused Dar has acquired assets and pecuniary interests/ resources in his own name and/ or in the name of his dependants of an approximate amount of Rs831.678 million (approx). The reference alleged that the assets were disproportionate to his known sources of income, for which he could not reasonably account for. Dar’s wealth has increased by 91 per cent. 

Since the media was not allowed to enter the court premises, PML-N’s Dr Tariq Fazal Chaudhry shared the outcome. He said that it is a very strange matter that in contravention of NAB laws, the accused has been indicted in less than 48 hours after the supply of copies of reference and other material consisting 23 volumes. The AC, under the direction of the apex court, has to complete the trial in this case within six months time.