IHC fines NAB Rs100,000 over prosecutor’s absence in £190m case hearing

The Islamabad High Court (IHC) on Wednesday imposed a Rs100,000 fine on the National Accountability Bureau (NAB) after its special prosecutor failed to appear during proceedings on applications seeking suspension of sentences in the £190 million case involving Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and his wife Bushra Bibi.

The hearing was conducted by IHC Chief Justice Sardar Sarfraz Dogar and Justice Muhammad Asif. Barristers Salman Safdar and Aitzaz Ahsan appeared before the court on behalf of the petitioners.

Barrister Aitzaz Ahsan told the court that he had sent documents through Advocate Khosa to obtain confirmation of a power of attorney from the PTI founder, but lawyers were not being allowed near Adiala Jail to secure signatures on the vakalatnama.

He said the court had directed the advocate general a day earlier to ensure the document was signed but added, “They do not accept any court. My vakalatnama is unsigned, so I cannot appear.”

Chief Justice Dogar remarked that whenever a vakalatnama is sent to the Adiala Jail superintendent, signatures are usually obtained.

Ahsan urged strict action, saying officials claimed they were acting on “orders from above”.

Barrister Salman Safdar argued that the last ten days of Ramazan had begun and Eid was approaching, adding that courts traditionally show leniency in cases involving women. He said the suspension pleas had been pending for 14 months.

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“My client has never asked me to argue the case on medical grounds,” Safdar said, adding that he intended to rely on a previous ruling of the same court granting bail in a murder case after a convict lost eyesight.

He noted that the PTI founder faced a 14-year sentence and pointed out that the prosecutor was not present to argue the case.

NAB prosecutor Rafay Maqsood informed the court that the special prosecutor was attending proceedings in a NAB court and had filed a miscellaneous application challenging the maintainability of the suspension pleas.

Safdar responded that the defence was only seeking a hearing, not an immediate decision.

Ahsan complained that dates were difficult to obtain, saying, “I stand before the court at this age, yet hearings are not granted.”

When asked by the bench whether the prosecutor assigned to argue the case was present, the NAB representative replied in the negative, stating that a miscellaneous application had been filed instead.

Safdar said the defence had also raised medical grounds, while Ahsan alleged the PTI founder had been kept in solitary confinement for 65 days without access to family or lawyers, during which he developed an eye problem.

Recalling his own imprisonment during General Zia-ul-Haq’s era, Ahsan described solitary confinement as “a form of torture” and urged the court to issue a landmark ruling on the matter.

NAB requested that notice be issued if allegations regarding solitary confinement were formally raised so it could submit a response.

Safdar criticised the absence of the special prosecutor, alleging authorities wanted to keep the PTI founder in custody. “Hear us and pass whatever decision you deem appropriate, but the hearing should not be adjourned,” he said.

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NAB argued that the defence’s miscellaneous application was not maintainable, while Safdar maintained that the appeal had already been admitted and should be decided before Eid.

During the hearing, Safdar said the defence had shown restraint repeatedly but could not do so indefinitely. NAB sought an adjournment, requesting time for the special prosecutor to present arguments.

Ahsan urged an early decision, alleging obstruction in obtaining signatures on legal documents and adding that releasing prisoners during Ramazan was considered a virtuous act.

The court noted the absence of the special prosecutor and, upon the defence’s request, imposed a Rs100,000 fine on NAB. The bureau’s representative assured the court that the special prosecutor would appear at the next hearing.

The bench also issued notices to Imran Khan and Bushra Bibi on NAB’s miscellaneous application and adjourned proceedings.

Following the adjournment, PTI lawyers attempted to secure an early hearing date. Barristers Aitzaz Ahsan and Salman Akram Raja, along with Khan’s sisters, were seen outside the chief justice’s secretary office seeking a new date for the next hearing.