ISLAMABAD
An accountability court on Monday reserved its decision in the polo ground reference case against former president Asif Zardari.
Accountability Court Judge Muhammad Bashir heard five NAB references against the former president.
During the hearing, Zardari’s counsel Farooq H Naek presented his arguments and said the polo ground reference was sent under the Accountability Act 1997.
He said the Federal Investigation Agency’s (FIA) investigation in the polo ground reference was illegal, adding that without the NAB chairman’s application, the FIA could not undertake a suo motu probe.
Naek said the statements of 28 witnesses and two investigative officers had been recorded in the case and added that none of the witnesses had nominated Zardari that he instructed for making a polo ground in the Prime Minister’s House.
He also said Zardari was the husband of then prime minister Benazir Bhutto and questioned as to what would be his role in the ongoing construction in the PM’s House. He said construction work took place frequently in the Presidency House and PM’s House.
Naek said Lt General (r) Abdul Qayyum had served Benazir Bhutto as military secretary from 1994 to 1996, adding that according to Qayyum, Zardari or BB had never ordered the construction work.
He said suo motu investigation was carried out in the case, adding that according to FIA officer Chaudhry Najawat he had not received any formal directives for carrying out the probe.
The counsel said the legal status of the investigation had ended, following Najawat’s statement and also said the FIA officer’s statement was rather contradictory regarding the records of witness statements.
Naek said the court had acquitted the accused person in the reference and that the acquittal was not challenged by NAB.
The counsel said if the court had ruled that the main suspect in the case was not guilty, then there were no grounds for running a reference against the co-accused.
He also said NAB’s prosecution team should be involved in the reference.
After Naek’s arguments, NAB prosecutor said witnesses in the case should be given a chance to appear in the court.
He said further a charge sheet had been prepared against Zardari, adding that the accused should be indicted and then given an opportunity to defend himself.
Following the completion of arguments, the court reserved its decision on the references without issuing a date of its announcement.
Later, Naek told reporters that debate on other references against former president Zardari would be held on March 6.