Dar becomes PO again as IHC vacates stay on his petition

ISLAMABAD: Islamabad High Court (IHC) on Wednesday dismissed a petition of the defunct federal minister for finance Ishaq Dar through which he had been seeking to set aside several orders of the Accountability Court (AC) issuing his arrest warrants, declaring him absconder, proclaimed offender and attachment of his properties.

Consequential to the dismissal of Dar's application, the December 20 stay order has been vacated and now the trial AC would resume hearing in the corruption reference pending against Dar Thursday (today).

The IHC division bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb while dismissing the petition remarked that the petitioner’s medical report dated January 11 does not say that he is unable to travel. Furthermore, he can use an air ambulance to reach here in Pakistan and can also avail excellent medical facilities, the bench further remarked.

When a legal counsel for Dar argued that it is the right of his client to get treatment from the doctor of his choice, the bench remarked that it seems the petitioner has no trust in the capabilities of medical practitioners in Pakistan. The bench also expressed displeasure over a medical report that recommended Dar bed rest for six weeks.

Dar in his petition had contended that he is not willfully avoiding court proceedings and he is under cardiac treatment in London. He through his counsel had produced attested medical reports before AC and the trial court then directed NAB to get these reports verified. Dar contended in the petition that NAB has willfully not verified the medical reports because if reports were verified prosecution had no legs to stand.

In response to Dar’s petition, NAB through its special prosecutor Imran Shafique on January 15 had submitted para-wise comments. NAB in its reply said that Dar is playing hide and seek with the trial AC, willfully avoiding court proceedings with malafide intentions. His medical reports are not as per law and liable to discarded and even if these reports were taken as gospel truth, Dar is suffering from no serious illness and doctors put no restrictions on his travel.

NAB said that Dar failed to make a case for exemption on the medical grounds as his doctor concluded in the report that “he does not require any cardiac surgery at the moment, however, I strongly recommend active cardiology management”.

NAB had prayed to the court to dismiss the petition as it is being devoid of merits. IHC division bench conceding to the arguments of NAB dismissed the petition.