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| September 7, 2005 | Wednesday | Sha’aban 2, 1426 |
Proclamation notice issued to Asif
ISLAMABAD, Sept 6: Accountability Court-II Rawalpindi on Tuesday issued a proclamation notice to PPP Senator Asif Zardari, directing him to appear before the court in the BMW case within 30 days, and forfeited his surety bond of Rs1 million deposited by his guarantor.
According to the National Accountability Bureau, the court has initiated proceedings under section 514 of the Criminal Procedure Code against the guarantor, MNA Raja Pervez Ashraf, to impose a penalty on him for-non appearance of Mr Zardari in the court.
The court adjourned the hearing of the case till Oct 8.
However, Farooq H. Naek, a defence counsel of Mr Zardari, said the bail of Senator Zardari had not been cancelled. He added the accountability court had no power to cancel the bail because it had been granted by the Supreme Court.
When contacted, Mr Ashraf, said he would challenge the order of forfeiture in the high court.
The NAB’s prosecutor-general, Irfan Qadir, said it was a general practice that in case of non-appearance in the court, first the surety bond was forfeited and then penalty was imposed against the accused or guarantor.
Similarly, he added, first a notice of proclamation was issued to the accused and then after completing the prescribed procedure, he was declared a proclaimed offender.
According to the NAB, the court in the next hearing would decide the penalty to be imposed on the guarantor of Mr Zardari.
The court was hearing an application in the BMW reference submitted by the counsel of the MNA wherein he had prayed for exemption of Mr Zardari from appearing before the court.
The counsel of Mr Zardari said he had informed the court that his client had undergone another medical operation in New York and doctors had advised him complete bed rest for three months.
He said medical certificates were shown to the court but it ‘discarded the same without any reason’.
An appeal would be filed against the ‘illegal’ order before the Lahore High Court’s Rawalpindi bench, he said.
Mr Ashraf said Mr Zardari went abroad with the permission of the government and his name was removed from the Exit Control List.
He said Mr Zardari had been suffering from heart ailment and had undergone two cardiac surgeries in which three stents were inserted in his heart to ensure its proper functioning.
He said presently Mr Zardari was under treatment in Mount Sinai Hospital in New York where doctors had strictly advised him to avoid exertion, travel or political activity till complete recovery.
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