ISLAMABAD, Sept 30: The defence on Monday argued that the accountability court could not proceed against Asif Ali Zardari in the SGS corruption reference, as he had already sentenced in the same case.

Farooq A Naek, the senior counsel of Asif Zardari, while arguing on an application moved under Article 13 A of the Constitution, stated that the Supreme Court while setting aside the conviction of Asif Zardari on April 6, 2001, had held that the factum that Asif Zardari had completed a substantial sentence should be looked into.

The counsel argued that under Article 13 of the Constitution, no person could be prosecuted twice under the same offence in view of the guarantee provided by the Constitution against double jeopardy. He stated that Asif Zardari had been prosecuted by the Ehtesab Bench of the Lahore High Court, Rawalpindi Bench, which had convicted Mr Zardari for five years. This conviction was set aside by the Supreme Court.

The counsel tried to establish that Asif Zardari had completed and served his sentence in January 2001 before the conviction was set aside by the Supreme Court on April 6, 2001.

He also cited a letter of Inspector General Police Sindh addressed to the Home Secretary, in which he had mentioned that Mr Zardari had already served a substantial sentence and he was entitle to be released in this case. The counsel said the only objection, the IG Sindh had raised was that Mr Zardari had not yet paid the fine money.

The counsel reminded that the IG Sindh had sought clearance from the home office because the Ehtesab bench had not awarded any punishment in default of fine money.

The counsel also argued that under Rule 48 of the Prison Rules, the prisoner was entitled to be released if he had completed a substantial sentence and if the court has not awarded any punishment in default of fine.

Asif Zardari, who has been convicted for seven years in the Pakistan Steel reference, has already been indicted in the SGS corruption reference.

Meanwhile, the chairperson of People’s Party Parliamentarians, Makhdoom Amin Fahim, also had an one-on-one meeting with Asif Zardari here on Monday for 45 minutes. It is believed that the prevalent political and election strategies were discussed between the two leaders.