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Thursday, December 12, 2024

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Islamabad Court Deliberates Toshakhana Case

 

In a notable judicial pronouncement, the Accountability Court of Islamabad put its judgment on the request to remand the Toshakhana case involving former president Asif Ali Zardari and former prime minister Nawaz Sharif to the NAB for a later hearing on hold. The case pertains to the alleged abuse of luxury cars by the Toshakhana department. This department is responsible for the maintenance of foreign gifts given to state officials. Due on October 144, the ruling shall, otherwise, depend on the merits of such ruling, being great fash superior.

Hearing of the Toshakhana Case

On the hearing date, Judge Abida Sajid of Accountability Court No. 3 delivered deposed arguments from the legal team representing Toshakhana vehicles reference. A panel of Defence Counsel includes Faqarulkiet h-Naik for Zardari and Qazi Misbah Ul Hasan for Nawaz Shah, among other lawyers Pleadorianirfan Jehilorm.

Response by Zardari’sari’s Counsel

Farooq H. Naik, representing Mr. Asif Ali Zardari, presented his arguments based on the recently amended laws governing NAB. He insisted that, after these amendments, the accountability court cannot try the case because it falls outside its jurisdiction. Naik further stressed that the amount involved is 80.5 million PKR, which is below the threshold of 500 million PKR. He prayed that its involvement in these alterations made it necessary to forward the matter to the NAB chairman for further and better decision-making on the said issue.

Scope of the Engaged Unit Toshakhana Case

Judge Abida Sajid observed and stated that all the parties concerned agreed that the matter was outside the scope of the exiscourt’s jurisdiction. Remember that the case first came to court; the appellant, Mr. Asif Ali Zardari, did not enjoy cause of action as a sitting president.

Zardari’sari’s Legal History and Request for Remand Toshakhana Case

During the arguments, Naek stated that Zardari had already invoked presidential immunity during his last term in office. However, even after the end of his term, Zardari appeared before the NAB again, contending that since the matter is no longer on the docket of the accountability court, the court should dismiss the reference and return it to the CBI. He asserted that after this step, it is now NGAT’s responsibility to decide whether they have a case against Zardari, making the question of how the investigation will proceed from that point particularly relevant.

NSharif’srif’s Counsel Submissions Toshakhana Case

Qazi Misbah ul Hasan, the legal representative of Nawaz Sharif,, also faored returning the case to NAB. He also went on to mention an earlier court order wherein the Toshakhana case was already returned to nab; thus, the same should happen here. This particular order has been issued following the order from former chief justice Umar Ata Bandial, which made the case to be returned to the accountability court. Misbah ul Hasan appealed to the court and said that the court should uphold the legal principle and return the case to the accountability offices to proceed further with

NAB’s position in the instant case Toshakhana Case

To clarify his previous statements, the NAB prosecutor added that if the court lacks the power to adjudicate the matter, the case, which includes the charges against Zardari and Sharif, will not undergo further deliberation. He stated that Zardari had issued a bounced check, implying that his case could also shift to the Federal Investigation Agency (FIA) rather than remaining with the NAB.. This would diverge from NSharif’s case, continuing without amending charges against him.

Issues Related To The Case

The NAB prosecutor stressed the possibility that Zardari’sari’s case could be discreet for some time because of Zardari’sari’s current political position. He advised that the court should return the reference regarding Nawaz.

. In this case, according to him, a discussion on the merits of the case would practically occur, which was antithetical to procedure. He insisted that keeping the reference within the accountability court would contravene the law.

Saturday falls on September 29 until 14, and the decision.

During the proceeding, Judge Abida Sajid heard the arguments from both parties and ordered that she reserve judgment on the application to remit the Toshakhana matter to NAB. A ruling in a case scheduled for October 14, 2024, is expected to be of key importance in determining the legal fates of the persons. It should also surprise many that both Zardari and Sharif have been through many court cases in their country, and this particular case remains fresh in the eyes of the people and the media.

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