ISLAMABAD: The Accountability Court, Islamabad, acquitted on Wednesday former president Asif Ali Zardari in the polo ground reference but rejected his acquittal plea in SGS and Cotecna references. The same court, however deferred its decision in two other corruption references.

Judge Mohammad Bashir will announce his verdict on June 4 on the acquittal plea of Mr Zardari in ARY gold and Ursus Tractors corruption references.

The judge also summoned evidence in the SGS and Cotecna references on June 9 to resume trial of Mr Zardari.

The National Accountability Bureau (NAB) had filed the polo ground corruption reference in the Accountability Court in 2000, and implicated former prime minister Benazir Bhutto and Mr Zardari along with two former CDA chairmen, Shafi Sehwani and Saeed Mehdi. The former chairmen were alleged to have constructed a polo ground at the Prime Minister House during Benazir Bhutto’s first term in office.

Names of Ms Bhutto and Mr Sahwani had been dropped from the reference after their demise.

It was alleged in the reference that the polo ground was constructed on verbal orders of Mr Zardari and Mehdi and an estimated Rs52.29 million was spent from the national coffer.

Rejecting the acquittal plea of Mr Zardari in SGS and Cotecna references, the judge observed that an inquiry was “being conducted by Justice Mohammad Anwarul Haq of the Lahore High Court by the order of Administration Committee with reference to judgment passed in the present case in favour of the co-accused.”

It may be mentioned here that the day when the Accountability Court reserved judgment on Mr Zardari’s applications for acquittal in five corruption references, NAB submitted a letter of the Lahore High Court (LHC) regarding inquiries to ascertain how three court judgments carried identical text in paragraph after paragraph and anomalies in separate cases acquitting all co-accused of former president in the corruption references.

Last year, the LHC initiated an inquiry after it received various complaints filed by people based on newspaper reports according to which in at least three major corruption cases against Mr Zardari – Cotecna, SGS, and ARY gold references – the authors of judgments used similar words, expressions and even paragraphs.

Referring to SGS and Cotecna corruption references, Accountability Judge Muhammad Bashir stated in the order that “allegations against present accused (Zardari) in the reference included that unprecedented concern was shown by the petitioner/accused Asif Ali Zardari regarding affairs of pre-shipment inspection companies, and he intervened to secure facilities to them.”

Mr Zardari had been accused of taking kickbacks in awarding contracts in both the references.

The stance of Farooq H. Naek, the counsel of Zardari was that his client neither received kickbacks or commission, nor had any role in the award of contracts.

He said in that after the overthrow of Ms Benazir Bhutto’s regime in 1997, the caretaker government implicated Mr Zardari in fake cases. He said Ehtasab Act was promulgated for arm-twisting political rivals and to keep them out of political scene. Being spouse of Ms Bhutto, Mr Zardari was targeted and implicated in fake cases, Mr Naek added.

Judge, however, observed that “NAB cases, no doubt are complicated, and specific allegations are raised against petitioner/accused. Co-accused Jens Schleglimich had already been declared a proclaimed offender. Therefore, prosecution cannot be deprived to produce evidence as they had mentioned in their reply to petition under section 265 (K) criminal procedure code (for acquittal of Mr Zardari).

After the court order, Mr Naek accused NAB of applying same tactics similar to those used by the Ehtasab Commission of former Senator Saifur Rehman against Mr Zardari.

He alleged that the submission of the letter of the LHC Administrative Committee before the Accountability Court was illogical.

“I will discuss this matter with Mr Zardari and after getting his advice will formulate future strategy” he added.

Published in Dawn, May 29th, 2014