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Zardari, Talpur submit petition challenging SC decision

January 28, 2019

ISLAMABAD, Jan 28 (INP): Former president Asif Ali Zardari and sister Faryal Talpur on Monday submitted a petition in the Supreme Court (SC) to review and recall the January 7 decision in the money laundering case lodged against the PPP’s top leadership.

In the civil review petition prepared by the Latif Khosa, the former president and his sister have challenged the earlier decision by the apex court.

[timed-content-server show="01/29/2019 01:00 Asia/Karachi"]In light of the joint investigation team (JIT) report, the apex court had directed the National Accountability Bureau (NAB) to conduct a fresh investigation within two months and file references against the accused. Damning JIT report indicts Zardari, Omni groups The JIT had named the top tier of PPP’s leadership including Asif Ali Zardari, Faryal Talpur, Bilawal Bhutto Zardari and Sindh Chief Minister Murad Ali Shah. Omni Group’s Anwar Majeed and his son Abdul Ghani Majeed, former Pakistan Stock Exchange chairperson Hussain Lawai, Summit Bank Senior Vice-President Taha Raza are also among 32 people being investigated by the Federal Investigation Agency (FIA). Following the top court’s decision, the anti-graft watchdog constituted a combine investigation team (CIT) led by DG Rawalpindi Irfan Naeem Mangi under the supervision of NAB chairman Justice (retd) Javed Iqbal. The petition stated that the “impugned order suffered from errors floating on the surface of the record”. It also argues that the directions issued in the SC order “are prejudicial to the petitioner in any futuristic eventualities of a fair trial and due process will not be possible under Article 10 (a) of the Constitution”. “The powers under Article 184(3) of the Constitution are not unlimited, unfettered, completely discretionary, knowing no bounds,” reads the petition. The review appeal further stated that the apex court’s decision “commits an error in holding that the constitution of the JIT is a valid exercise of jurisdiction in aid of a lawful object”. “The facts and circumstances of the case and in light of the JIT report in this court was not justified vide impugned order in directing the transmission of the JIT report along with all the material and evidence collected by the JIT to the NAB”. Decision to remove Bilawal, Murad’s names from ECL to be made after SC judgement: Qureshi The petition further argues that the court was “not justified in passing any order at all giving directions to the NAB and JIT thereby curtailing rights of the petitioners and others”. “That such binding dictates coming from the Supreme Court tantamount to obstructing the free flow of justice in the inquiry/ investigation of NAB and JIT and is contrary to the authoritatively mandated,” the petition said. The petitioners also claim that the JIT had exceeded its mandate and scope given to it. It said the allegations against Talpur were unlawful since JIT was only mandated to probe Zardari Group. “The result of the overstepping by the JIT from the task assigned to it in order dated September 5, 2018 by the Hon’able Court was politically exploited in that 172 persons enmass were placed on ECL including chairman PPP Bilawal Bhutto Zardari and Murad Ali Shah.” The petition said the inquiry “starting with limited number of fake accounts was stretched by the JIT into a roving inquiry and witch hunting crossing over into unfathomed waters”. “The petitioners have been subjected to a derogatory campaign to stigmatise and malign them politically for unreservedly standing with the down trodden voiceless weak segment of the society.” INP/AJ[/timed-content-server]