ISLAMABAD, SEPT 9: An Islamabad court on Monday prohibited the National Accountability Bureau (NAB) from pursuing the new new Toshakhana reference against PTI founder Imran Khan and his wife Bushra Bibi, transferring the case to the Federal Investigation Agency (FIA) court.
Imran, 71, has been imprisoned at the Adiala Jail for almost a year upon his conviction in four cases — two Toshakhana references, the cipher case, and the Iddat case, in which his wife, Bushra Bibi, is also jailed.
Imran’s sentences in the Toshakhana references were suspended while he was acquitted by the Islamabad High Court (IHC) in the cipher case in June.
Shortly after the court acquitted him in the Iddat case, however, NAB re-arrested Imran and his spouse in a new Toshakhana case, leaving his possible release from prison hanging in the balance.
On Monday, Accountability Court Judge Muhammad Ali Waraich heard the post-arrest bail applications of the party founder and his spouse, who were brought before the court from jail.
The court declared that following the NAB amendments, the reference in question ceased to come under the anti-graft body’s jurisdiction. Therefore, it will now be transferred to the FIA court, which will rule on bail.
According to the written judgment, a copy of which is available with Dawn.com, the court ruled: “…In the light of the judgement of Hon’ble Supreme Court of Pakistan passed in intra court appeals… the 1st, 2nd & 3rd amendments made in National Accountability Ordinance (NAO), 1999 have been revived.”
It stated that the case “[does] not fall within the jurisdiction of this court in the light of amended section 5(0) of NAO, 1999, therefore, this court lacks jurisdiction to proceed with [the] case in hand.”
During the hearing, the NAB prosecution team opposed hearing the bail applications and asserted that this court did not have jurisdiction to hear them after the NAB amendments.
The court verdict read: “According to amended section 4(d) of NAO, 1999, the case which is not triable by this court under amended NAO, 1999 shall, after examination of the record and with the assistance of the National Accountability Bureau be referred it to the appropriate court.”
The verdict also noted that the offence was punishable under the Prevention of Corruption Act, 1947, which is a “scheduled offence cognisable under Federal Investigation Agency, Act, 1974 triable by Special Judge Central.”
Imran’s lawyer Salman Safdar argued that after the amendment of NAB’s laws, the case against Imran was over.
“Under the new law, it is no longer a crime. Right now, the PTI founder and Bushra Bibi are in the custody of the accountability court,” he said.
“While we accept the argument that the case has to be transferred following the amendment in (NAB’s) laws, we demand that the case is transferred after issuing a verdict on bail applications.”
After arguments from both sides were completed, the court reserved its decision. It later declared that after the NAB amendments, the case no longer fell under the bureau’s jurisdiction, adding that now, the case would be heard by an FIA court under the Corruption Act.
The case was transferred to a Special Judge Central, who will also decide on Imran and Bushra Bibi’s bail applications.
The judge ordered that a hearing be scheduled tomorrow on the Toshakhana case and the bail applications. He further ordered that all records of the reference would be transferred to the court of Special Judge Central.
 from pursuing){kind=link}