After hearing Bashir Kayani Advocate, counsel for the premier, the court reserved its judgement on Tuesday. Bashir Kayani, during his argument, pleaded before the august court that the charges levelled in the NAB reference about purchase of vehicles were not right. He said that though the vehicles were purchased under urgency but the practice did not violate any rule.
He said that the Secretary, National Assembly had decided to invite quotations from motor companies and after going through the process they selected a motor company and forwarded to Speaker. The august court in its detailed judgement over first reference pertaining to charges of alleged commission of corruption and corrupt practices in illegal appointments wrote: "We allow this appeal and set aside the conviction of Accountability Court and directs acquittal of appellant who is on bail, his surety bond stands discharged."
The judgement over the first reference reproduced the merits contended by the premier's counsel Bashir Kayani. The judgement reads that none of the witnesses in the trial court had admitted that Gilani had directed appointment of any official of his own violation for any gain or benefit for himself or any of his relation.
The court observed that after scanning the oral as well as documentary evidence, no evidences were found on record to establish that the appellant accommodated his relatives, friends or associates in recruitment made in the National Assembly Secretariat. Prosecution evidence lacks support to charge of gross violation of National Assembly Secretariat Rules, the judgement reads.
The verdict said that the bench was of the considered view that prosecution evidence was deficient in all respects to support the charge. It is pertinent to note that the Accountability Court No 1 Rawalpindi on 18-9-2004 convicted Yousuf Raza Gilani under NAB Ordinance 1999 and sentenced him to 10 years rigorous imprisonment with fine of Rs 100 million. He was also disqualified from holding any public office for a period of 10 years.
The second reference was based on charges of purchase of fleet of luxury cars, telephone facilities and other expenditures, and the bench in its detailed verdict wrote: "We find that the charges have not been proved beyond reasonable doubt entitling the appellant to benefit of acquittal and order accordingly. Appellant is on bail, his surety bond stands discharged."
The bench said that the investigation officer misunderstood import of section 7 and 8-A of the Chairman and Speaker Salaries, Allowances and Privileges Act, 1975, which allowed the appellant to have facilities of vehicles and telephone. It noted that the prosecution evidences lacked support on the allegation of corruption and corrupt practices.
In this reference Accountability Court-III Rawalpindi, convicted him under Section 10 of the NAB Ordinance 1999, and sentenced him to five years imprisonment with fine of one million rupees. He was also disqualified from holding any public office for 10 years. A division bench of the Lahore High Court, Rawalpindi bench, on October 7, 2006, granted Gilani bail in both the cases and directed the authorities to release him.