ISLAMABAD:The Islamabad High Court (IHC) Thursday rejected Capt. (Retd)Mohammad Safdar’s plea challenging his impending indictment in a reference before accountability court.
A two judge bench comprising Justice Athir Minallah and Justice Miangul Hassan Aurenzeb rejected the plea after hearing the arguments, for being non-maintainable.
During proceedings, Mohammad Amjid Perveez counsel for the Capt. Safdar apprised the court that according to impugned order of accountability court dated 09.-10-2017, the case was fixed for framing charge against his client on October 13, in violation of mandatory provision of Section 265-c Cr. P. C. While objecting the jurisdiction of the court he said that the accountability court passed the said order illegally which was beyond its jurisdiction as well. Perveez, requested the court to direct the trial court to restrain from framing charge sheet before the expiry of 7 days time from the supply of the copies to his client in the interest of justice.He said that fixation of case before the expiry of 7 days from supply of copies was not only violation of mandatory provisions, but the same also infringed upon the fundamental right of Capt. Safdar.
To support his stance the counsel submitted many precedents of the Supreme Court judgments and requested the court to suspend the accountability court’s order.
The bench rejected the plea with observation that the charge sheet was yet to be framed against the accused on October 13, and the applicant approached IHC prematurely.