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April 30, 2008 Wednesday Rabi-us-Sani 23, 1429



KARACHI: SHC adjourns Asif’s plea for acquittal in graft case



By Our Staff Reporter


KARACHI, April 29: Justice Arshad Noor Khan of the Sindh High Court on Tuesday adjourned to May 7 the hearing of an application moved by Pakistan People’s Party leader Asif Ali Zardari for his acquittal in a corruption case instituted by the Federal Investigation Agency against him in February 1997.

The FIA accused Mr Zardari of dispatching a consignment of six large wooden boxes to London aboard a Pakistan International Airlines flight without paying freight charges and a tax or duty in April 1996.

The consignment was alleged to have contained precious relics and antiques, including swords, guns and statuettes, and was cleared by deputy customs collector Nazeer Shah. The then PIA chief, Umar Farooq, was also cited as an accused. It was released to an agent authorized by the Pakistan high commission in London.

The case was registered under Sections 109, 156, 409 and 420 of the Pakistan Penal Code and Section 8 (14) of the Customs Act read with Section 5 (2) of the Anti-Corruption Act and a charge-sheet was submitted to the anti-corruption judge (central II).

Mr Zardari said the consignment consisted of his personal effects, which were not liable to be taxed. He had paid the charges due and the case was part of the political vendetta unleashed against him.

The FIA submitted a couple of supplementary charge-sheets but failed to make out any case against him. Besides, the FIR was registered long after the commission of the alleged offence.

The prosecution submitted a list of 25 witnesses, two of which were examined till October 1997. Neither of the witnesses implicated him in the offence. The accused moved applications for acquittal under Section 249-A of the criminal procedure code and also sought exemption from personal appearance. Both pleas were turned down by the trial court and Mr Zardari approached the high court with a criminal revision application in 1999.

While his request for exemption was granted, the acquittal plea remained pending. The trial was suspended by an interim order, which was extended from time to time. Co-accused Nazeer Shah was acquitted in the meantime.

As the application came up for hearing on Tuesday, Deputy Attorney-General Rizwan Ahmed Siddiqui sought time to seek instructions from the federal government and the FIA. Allowing the request, the court adjourned the hearing to May 7. Advocates Abu Bakr Zardari and Adnan Karim appeared for the applicant.

Hussain Haqqani’s plea

An identical application moved by Hussain Haqqani, principal secretary to the prime minister, was also adjourned by Justice Arshad Noor Khan to May 7 to enable DAG Rizwan Siddiqui to seek instructions. Mr Haqqani was accused by the anti-corruption establishment of releasing Rs10 million to the Assets Investment Bank, which did not enjoy a sound reputation, in his capacity as chairman of the House Building Finance Corporation for investment in 1996.

He was being tried by the anti-corruption judge (central II) when his trial was suspended and he was granted exemption from personal appearance by the high court.

He sought acquittal under Section 249-A of the criminal when the prosecution dropped several prosecution witnesses and the recorded evidence failed to sustain a case against him. He said the entire amount alleged to have been advanced had been repaid by the debtor bank. Advocate Adnan Karim appeared for him.







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