The IHC on Wednesday imposed a fine of Rs100,000 on NAB special prosecutor for using delaying tactics in proceedings in the £190m Al-Qadir Trust case involving Imran Khan and his spouse Bushra Bibi.
The case is being heard by a division bench comprising Chief Justice Sardar Muhammad Sarfraz Dogar and Muhammad Asif, which took up petitions filed by the PTI founder and his spouse seeking suspension of their sentences in the case.
Before the hearing on the pleas on Wednesday, the anti-graft watchdog filed a miscellaneous plea requesting the court to declare the former premier and first lady’s petitions seeking the suspension of sentence inadmissible.
During the proceedings, defence counsel Salman Safdar and Aitzaz Ahsan appeared before the court on behalf of the PTI founder.
Ahsan told the IHC bench that an unusual situation had arisen regarding the filing of his power of attorney. He said he had sent the document from Lahore so that it could be submitted before the court, but the previous day the bench had pointed out that it required the PTI founder’s signed power of attorney.
According to Ahsan, the court had subsequently directed the advocate general to obtain the signature on the document from the prison and submit it before the court.
He maintained that the defence was not seeking an adjournment and urged the bench to take strict action over the delay in obtaining the signed document.
CJ Dogar observed that prison authorities usually obtained signatures when requested, but Safdar said the defence had been unable to secure the signed authorisation for four months.
The bench then commenced hearing the petitions seeking suspension of the sentences.
Safdar told the court that he had not been instructed by his client to argue the matter on medical grounds.
During his arguments, Safdar questioned why the special prosecutor had initially not been present in court and accused the prosecution of avoiding arguments.
The defence counsel also referred to a verdict of the LHC Multan Bench in which a convict’s sentence had been suspended after the accused lost his eyesight.
Responding to the arguments, NAB special prosecutor Rafay Maqsood maintained that the bureau had already filed a miscellaneous petition challenging the maintainability of the former premier’s petitions.
During the hearing, the chief justice directed the defence counsel to examine the prosecution’s petition.
Safdar argued that the accountability watchdog was being used in the case and again pressed the court to impose a penalty on the prosecutor for delaying proceedings.
After hearing the arguments, the court imposed a fine of Rs100,000 on the NAB special prosecutor.