25 January 2005	Tuesday	14 Zilhaj 1425

ISLAMABAD, Jan 24: The Supreme Court on Monday adjourned a case regarding transfer of an accountability judge, hearing ARY Gold reference against Asif Ali Zardari, husband of former prime minister Benazir Bhutto.

A division bench, comprising Justice Sardar Mohammad Raza Khan and Justice Mohammad Nawaz Abbasi, adjourned the hearing because of the absence of Advocate Dr Babar Awan, the legal counsel of the petitioner. The next date of hearing would be fixed later.

Petitioner Asif Ali Zardari has challenged a notification of the Ministry of Law, Justice and Human Rights through which Judge of Accountability Court Rawalpindi-I Malik Ghulam Hussain Awan was allegedly transferred from the accountability court and posted as district and sessions judge, Bhakkar.

In the petition, the mover had stated that Judge Ghulam Hussain, while hearing his application for quashment of ARY Gold reference, had passed some favourable observations.

As a result, the judge who was appointed as accountability judge for a mandatory period of three years was posted as district and sessions judge Bhakkar allegedly on the recommendation of the National Accountability Bureau (NAB).

Consequently the notification on the appointment of the judges as the accountability judge was withdrawn. In his petition, Asif Zardari also cited some legal provisions to justify that the accountability judge was always appointed for a mandatory period of three years and therefore could not be removed except on the charges of misconduct or corruption.

On the other hand the notification of the law ministry about the transfer of the judge to Bhakkar had simply stated that the judge was being transferred in the public interest, which according to the petitioner was a clear violation of the NAB Ordinance.