ISLAMABAD: Former finance minister Ishaq Dar challenged in the Islamabad High Court on Monday an order of the accountability court that declared him a proclaimed offender.

Through his counsel, Mr Dar argued before the high court that while a petition regarding issuance of non-bailable arrest warrants form him was pending adjudication, the accountability court recently declared him a proclaimed offender due to his absence from the court’s proceedings.

The accountability court issued non-bailable arrest warrants for Mr Dar on Nov 14. On Nov 21, it declared him an absconder and warned his guarantor Ahmed Ali Qadoosi that his surety bonds worth Rs5 million would be confiscated if Mr Dar did not join the trial proceedings.

In a subsequent hearing on Dec 14, the court declared Mr Dar a proclaimed offender and also sought details of movable properties of his guarantor.

The high court bench to take up guarantor’s petition today

Mr Qadoosi, Ishaq Dar’s guarantor, has also challenged the accountability court’s order in the IHC. A two-member bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb will hear Mr Qadoosi’s petition on Tuesday (today).

During Monday’s hearing in the accountability court, the investigation officer of the National Accountability Bureau (NAB) submitted details of movable properties of Mr Qadoosi. He also informed the court that NAB had written letters to the department concerned to say that his properties had been attached.

Mr Dar alleged in the petition that the accountability court was proceeding against him without completing the mandatory requirements. For example, he pointed out that the trial court started the process of confiscation of properties at least 30 days after publication of proclamation.

However, in Mr Dar’s case, this process was started a few days after the issuance of proclamation since Accountability Judge Mohammad Bashir ‘relaxed’ the rules by invoking Section 17(c) of the National Accountability Ordinance (NAO).

The petition pointed out that the Supreme Court in the Khan Asfandyar Wali case had discussed the jurisdiction of Section 17(c) according to which a trial court could only invoke the section in appropriate cases and for justifiable reasons.

It said that since the trial court judge was informed that his order invoking Section 17(c) had been assailed before the IHC, propriety demanded that he (the judge) should have waited for the outcome of the said petition.

Mr Dar further contended that the IHC had sought reply from NAB on his petition which had not yet been filed. The petition stated that Mr Dar claimed that he was not medically fit to travel back to Pakistan as his doctors had advised him against taking such a long journey.

The accountability court had already asked NAB to verify Mr Dar’s medical reports and the bureau’s response was still awaited, the petition stated and added that the trial court should have waited for the verification before taking such a stern action.

It requested the court to declare the trial court’s order of declaring Mr Dar a proclaimed offender as illegal.

On Monday, the prosecution witnesses, Qamar Zaman, director in the ministry of commerce, and Wasif Hussain, deputy secretary in the cabinet division, testified before the trial court judge.

The court summoned Qaboos Aziz for recording of his statement on Dec 21.

The trial court judge dismissed the application of advocate Misbahul Hassan Qazi, who wanted to plead the case of Mr Dar, as his papers were incomplete.

Published in Dawn, December 19th, 2017