KARACHI: An accountability court on Thursday dismissed an acquittal application of a builder, Zain Malik, who withdrew the same and informed the court that he might opt for a plea bargain with the National Accountability Bureau in a case pertaining to alleged illegal amalgamation of commercial land for a multistorey building in Karachi.

Former Karachi mayor and Pak Sarzameen Party chairman Syed Mustafa Kamal; Zain Malik, son-in-law of real estate tycoon Malik Riaz; former Karachi district coordination officer Fazlur Rehman; former executive district officer Iftikhar Kaimkhani and others are facing trial in the case.

On Thursday, the matter came up before the accountability court-III judge Dr Sher Bano Karim for framing charges against the suspects.

Mr Kamal, Mr Kaimkhani and others were present on bail except former DCO Fazlur Rehman.

His defence counsel submitted that Mr Rehman may be granted exemption from personal appearance before the court since the NAB officials had taken him into custody in connection with some other matter.

Allowing the request, the judge deferred indictment of the suspects due to absence of Fazlur Rehman and Zain Malik and fixed the matter on Sept 25.

The court also issued a production order directing the Malir district jail chief to produce Fazlur Rehman on the next date.

The judge took up an acquittal application filed by Zain Malik, who is reportedly absconding in the present case since the federal anti-graft watchdog filed the present reference in June 2019.

But defence counsel Amir Raza Naqvi informed that his client Zain Malik wanted to withdraw his acquittal application, which was filed under Section 265-K of the criminal procedure code (CrPC) read with Section 4(2)(b) of the National Accountability Ordinance (NAO), 1999.

He informed that Mr Malik had already reached a settlement in three other cases with the NAB authorities, who had accepted his plea bargain. Subsequently, the relevant accountability court in Rawalpindi had also approved his plea bargain settlement with NAB in those matters, the counsel maintained.

Therefore, Mr Naqvi said he did not press pending acquittal application of Mr Malik and requested to withdraw the same, saying there was a possibility that his client might opt for a similar plea bargain with the NAB authorities in the present matter as well.

After hearing arguments from special public prosecutor Shahbaz Sahotra, the judge dismissed the acquittal application “as withdrawn” by the counsel for the applicant.

In January this year, Zain Malik had moved an application seeking his acquittal in the present matter.

The judge also dismissed a second application of Mr Malik for recording his statement through video link from the United Kingdom, where he was reportedly under treatment and could not travel back to the country to surrender before the court.

In the plea, defence counsel Naqvi had submitted that the applicant was abroad reportedly for his treatment and could not travel to the country due to his health condition.

Therefore, it was requested that Mr Malik’s statement may be recorded through video link from the UK and charges may be framed against him in the present case, as an accountability court had recently indicted former ailing president Asif Ali Zardari in the Park Lane case after recording his statement through video link.

However, the special prosecutor had opposed the plea, arguing that the applicant was trying to delay the trial proceedings.

Published in Dawn, September 4th, 2020