An accountability court has dismissed the National Accountability Bureau’s (NAB) plea seeking withdrawal of a Rs1.61 billion assets reference against the family of the late Pakistan Peoples Party (PPP) leader and former Sindh Assembly speaker Agha Siraj Durrani and others after his death.
In May 2019, the national graft buster had filed a reference against Durrani, his spouse, children, brother and others for possessing assets worth around Rs1.6 billion allegedly made through illegal means.
NAB, through its chairman Lt General (retd) Nazir Ahmed, filed an application in the accountability court-IV under the Section 31-B (2) of the National Accountability Ordinance (NAO), 1999, requesting withdrawal of the case after the death of the PPP leader.
After hearing arguments from both prosecution and defence sides, the judge dismissed the application. The court adjourned the hearing until May 21 with a direction to the accused persons to appear on the hearing.
NAB had stated that the reference was filed before the court against Durrani for allegedly accumulating assets and pecuniary resources beyond his known sources of income through illegal means in active connivance with co-accused persons, including his family members, servants and front-men who allegedly acted as benamidars.
The anti-graft watchdog said that as per the contents of the reference, Durrani, after becoming the local government minister in 2008 and later Sindh Assembly speaker, “accumulated assets and pecuniary resources amounting to approximately Rs1,610,669,528 beyond known sources of income.”
It submitted that during the pendency of the reference, the principal accused, Durrani, died and the proceedings against him stood abated in accordance with the law. Another accused Zulfiqar Ali Dahar had also died, the bureau added.
“According to the contents of the Reference, the allegations against the remaining accused persons primarily revolve around holding of benami properties on behalf of principal accused and their role can be termed as of abetment,” read the application. “The abettor in absence of principal accused cannot be convicted, hence, the proceeding against them has become infructuous.”
The NAB chairman said that he consulted with the accountability prosecutor general in terms of the Section 313-B of the NAO, who agreed with the legal position and recommended withdrawal of the reference.
“Keeping in view the totality of facts, circumstances and evidence available on record, I, being the competent authority under the National Accountability Ordinance, 1999, have decided to withdraw the instant Reference while exercising the powers conferred upon me under the law,” the chairman said.
“In light of prevailing circumstances it would not be just and proper to continue with the trial of the said accused persons.” The court was requested to allow the withdrawal of the reference in accordance with the law as “continuation of the trial would serve no useful purpose and would merely result in unnecessary wastage of the valuable time of this court.”
