Court issues arrest warrant against Zardari in Toshakhana reference

Orders to initiate process to declare Nawaz Sharif an absconder for his continued absence from the proceedings

ISLAMABAD:

An accountability court issued bailable arrest warrant of former president Asif Ali Zardari on Tuesday over his failure to appear before the court in the Toshakhana (gift depository) reference, despite summons.

Justice Asghar Ali rejected defence counsel Farooq H Naek's request for Zardari's exemption from the hearings of the case. The court also ordered to initiate the process of declaring former premier Nawaz Sharif an absconder, who is another accused in the case, for his continued absence.

Zardari, Nawaz and former prime minister Yousuf Raza Gillani have been accused by the National Accountability Bureau (NAB) of misusing official gifts given to them by foreign states.

It is a criminal case, Zardari will have to appear before the court, said Judge Asghar Ali.

Zardari’s counsel Farooq H Naek argued that his client is aged, and pleaded the court to not summon him in the prevailing virus situation. He argued that large crowds would gather at the court if the Pakistan Peoples Party leader appeared. The counsel maintained that he was present before the court on Zardari's behalf.

The judge observed that Zardari is not inflicted with the disease, and said he would issue an extended date for hearing but the accused would have to appear before the court. The court termed the medical reports submitted by the counsel unsatisfactory.

NAB prosecutor Sardar Muzaffar prayed the court to issue non-bailable arrest warrant of Zardari and for no mercy to be shown. If crowds gather at the court due to Zardari's presence then the administration would control them, he argued. The prosecutor stated before the court that Gillani was granted exemption from the court proceedings and today even his lawyer didn't appear for the hearing. Gillani's exemption from court should also be revoked, argued the prosecutor.

Gillani tested positive for the coronavirus, said Naek. The counsel said that he too had gone in isolation after the premier's diagnosis as he had been with him. The counsel maintained that he could give statement on behalf of Gillani if the court wanted.

Naek pleaded the court to not issue arrest warrant against Zardari. He argued that the high court had granted Zardari bail on medical grounds and that an arrest warrant should be issued when he doesn't appear before the court. Zardari will appear before the court at the next hearing, he maintained. "I am stating before the court that Zardari will appear on the next hearing. I am a senior lawyer and I am stating it on the record," said Naek. "He is the former president of Pakistan, he is not going anywhere."

However, the court remarked that it has issued orders for the arrest warrant, and will not take them back.

NAB informed the court that the summons for Nawaz had been issued in Britain through the Foreign Office. The anti-graft watchdog submitted its report pertaining to the summons sent to Nawaz.

The hearing was adjourned till August 17.

At the previous hearing, the court issued a non-bailable arrest warrant for Nawaz and directed the Foreign Office to implement the arrest orders through Pakistan consulate in the United Kingdom.

NAB, in its document, had earlier stated that the evidence collected during the course of inquiry and investigation established that Gillani had, in order to extend the illegal benefit to Zardari and Nawaz, illegally allowed the retention of vehicles gifted to them by different foreign states and dignitaries.

The document maintained that the vehicles at that time belonged to the Central Pool of Cars of the Cabinet Division. Both the former premiers, through dishonest and illegal means for their personal benefit and interest, relaxed the procedure of Toshakhana and retained these vehicles against a nominal payment of 15% of the total value of the vehicles.