The National Accountability Bureau on Thursday informed the Islamabad High Court that most of the records relating to the four old references filed against former President Asif Ali Zardari in the 1990s were missing.
NAB Prosecutor Jahanzeb Bharwana asked the court that the appeals against the acquittal of the PPP co-chairperson in these references should be disposed of or adjourned till the record was retrieved.
A division bench comprising IHC Chief Justice Athar Minallah and Justice Aamer Farooq heard the appeals of the anti-graft body against Zardari’s acquittal.
Justice Farooq remarked that NAB’s appeals were pending with this court since 2014 -- a period of seven years.
Justice Minallah told the NAB prosecutor that this was why the anti-graft body was accused of political engineering.
“Why NAB shouldn't be held responsible as it has wasted the court's time,” he added.
“If there was a mistake, then the then-chairman of NAB should also be accountable. The economy is affected by your actions. If you can’t make a case, then you take the matter to court.”
The judge noted that it was NAB itself that had conducted the trial. “What is the fault of this court? You could not produce any document yourself.”
The NAB prosecutor replied that four appeals against the acquittal of the former president were being heard.
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He contended that an accountability court had decided the matter despite the original documents and references were missing. The original record and the statements of witnesses were also missing, he added.
The court inquired whether or not the prosecutor was saying that the record went missing from the Supreme Court.
The NAB prosecutor replied that the Lahore High Court and Islamabad High Court registrars had earlier said that the record was sent to the Supreme Court and it was not found.
Justice Farooq inquired as to where the missing record was last seen.
The prosecutor told the court that he had no idea where the record went. He added that last time it was with the Lahore High Court and then he had no clue as to how it ended up at the Supreme Court.
The bench observed that a NAB investigating officer had told the trial court there was no bank account or any other evidence on the basis of which Zardari was acquitted.
Justice Farooq noted that NAB had told the accountability court that it would argue on the available documents.
The court ordered the prosecutor to look into the matter and adjourned the hearing for an indefinite period
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This is called blind justice system even whole case files go missing if you have a big bank balance might just as well close the courts what can the NAB prosecutors do if the custodians of justice make files disappear. Laughing matter really the court should take action against the department losing the files but will not because they know the black sheep within their folds.