Thursday, June 9, 2011

Probe team will be jailed if accused not arrested: CJ Iftikhar

ISLAMABAD: The Establishment Division on Wednesday told the Supreme Court, the FIA Investigation Officer, Zafar Qureshi, who was probing the National Insurance Company Limited (NICL) scam, was transferred on the verbal orders of the prime minister.

A three-member bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Justice Tariq Parvez and Justice Amir Hani Muslim was hearing a contempt of court case against DG FIA Malik Iqbal.
The court directed the FIA to register cases against all those involved in the NICL scam and take strict measures against all absconders who had fled to foreign countries.
Secretary Establishment Division Abdul Rauf Chaudhry told the court that Zafar Qureshi was transferred on the verbal orders of the prime minister. Chaudhry added that he did not send any summary to the competent authority for transferring Zafar Qureshi and the transfer was made on May 18 on the verbal orders of the prime minister received at 10pm that day. He submitted that he was ready to submit a written statement in this regard.
Abdul Hafeez Pirzada told the court that only the prime minister had the power to transfer a Grade-22 officer. The chief justice said there was no need for the prime minister to do this and this was probably the work of other officials.
The chief justice told Chaudhry the court wanted to save him from the contempt charge. “If you want to save yourself from the contempt charge, reappoint Zafar Qureshi to his earlier position,” the chief justice said, adding that the court was showing patience so that the system could continue or it could pass the most stringent of orders.
He further said it would not be appropriate to implicate a single person in the matter of Zafar Qureshi’s transfer since many officials were involved in the transfer, which was tantamount to playing a joke on the FIA. “While there seems to be no rules in this country for the powerful, the apex court is determined to ending corruption in institutions,” the CJ remarked.
To a court query, Interior Secretary Chaudhry Qamar-uz-Zaman said he did not order the transfer of Zafar Qureshi but received a letter from DG FIA, which he sent to the Establishment Division with a cover letter. The chief justice said the letter did not say Zafar Qureshi should be transferred. He said the court was fully aware who had got the job done; it was not the job of a single person but was done with the connivance of many individuals.
Meanwhile, the Supreme Court reserved for a period of 15 days its judgment over the charge of contempt of court against DG FIA Malik Muhammad Iqbal and directed the secretaries of the Establishment Division and interior ministry to produce the complete record of the transfer of Zafar Qureshi.
The chief justice observed that all the NICL scam culprits must be dealt with an iron hand and all plundered money be recovered using all available means. “This was public money and should be brought back to the public exchequer. Everyone should play his role to curb corruption,” the chief justice maintained. “It is the duty of each and everyone of you to help recover each and every penny plundered from the public.”
Chief Justice praised Director FIA Karachi Muazzam Jaah for making progress in the NICL case and directed him to submit all investigations in this regard within three days. Jah apprised the court that people involved in the scam had deposited the scam money in different accounts out of which Rs41 million was deposited in the account of Federal Minister Amin Fahim.
He further submitted that when the land was bought, one dealer Muhammad Iqbal got Rs300 million while the Hashwani Group was given Rs100 million as a loan, which it later paid back. He told the court absconder Muhammad Iqbal fled to Dubai and the warrant for his arrest had been issued and the Dubai government contacted to help in his arrest.
Jaah further submitted before the court that each and every person involved in the case would be thoroughly investigated without any pressure and eight people had so far been arrested. “Till now, the FIA has recovered cheques Rs410 million and a lot of property has been confiscated by the FIA also,” Jaah told the court.
Attorney General of Pakistan submitted that DG FIA had been personally monitoring this case and wanted to recover each and every penny plundered from the national exchequer. The Chief Justice observed that the court was observing how the AG dealt with the stronger and weaker differently.
The Chief Justice observed that the case was previously not taken seriously, because of which many people got the chance to flee the country. He said each and every person involved in the scam must be arrested; those who had fled the country should be brought back using all means available; and every last penny recovered.
Director FIA Karachi ensured the court that he would use all his resources to solve the case and sought more time. The court adjourned the hearing for two weeks.
Online adds: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry expressed resentment over the poor performance of the FIA in the NICL case, saying the entire investigation team will be sent to jail if accused persons are not arrested till the next hearing. As per media reports, a six-member SC bench, presided over by the CJ, took up the case for hearing on Wednesday.
Director FIA Muazzam Jaah told the court that Federal Minister Amin Fahim, his wife and son were also involved in this scandal. Amin Fahim was holding one account in Karachi and his wife Rizwana and son Jalil Amin Fahim were holding four accounts in a bank at Karachi. One Akbar Butt, an accused in the case, had transferred a sum of Rs41 million. This deal was struck with an accused and former DG Sindh Welfare Fund, Zafar Saleem, who was a relative of Akbar Butt. Akbar Butt adjusted the amount, which was transferred to bank account against the repayment of loan acquired by Makhdoom Amin Fahim.
Jaah said Rs300 million were transferred to the bank account of the wife of Zafar Saleem. From his account, Rs80 million each were transferred to the accounts of Iqbal and Asim Warsi. Zafar Salim, who was an accused in the case, was killed in the Air Blue crash incident. The CJ severely reprimanded the DG FIA and asked why the culprits had not been arrested so far. “We know it. The FIA is not arresting influential people,” he said. “Investigations made by the FIA are unsatisfactory. The court is fed up with this procedure. The whole investigation team will be arrested if the accused persons are not arrested till the next hearing. The law is equal for all and no one is above the law. If someone is above the law, the court will find out.”
During the course of hearing, DG FIA told the court that Amin Fahim had shown his ignorance on the matter when he was contacted. On the other hand, Ali Hassan, the manager to Amin Fahim, had admitted that the amount had been transferred to four accounts of Amin Fahim and his family members. The son of Amin Fahim had also confirmed the reports about the transfer of money, saying that he did not know when and where this amount was transferred.
“It is matter of wonder that such a huge amount is transferred to one account and it is not known to him [Fahim],” the CJ observed. Justice Tariq Parvez said, “Those from whom illegal money was being recovered were being made witnesses rather than accused.”
APP adds: The Supreme Court on Wednesday reserved for a period of 15 days its judgment over the charge of contempt of court against Director General, Federal Investigation Agency, Malik Muhammad Iqbal. However, it did not agree with the stance of Secretary Establishment Division Abdur Rauf Chaudhry that he had issued the notification regarding the transfer of FIA’s Additional Director General Zafar Ahmed Qureshi, tasked to investigate the multi-billion National Insurance Company Limited (NICL) scam, on the verbal orders of the competent authority
Qamar Zaman, Secretary Interior, apprised the bench that he had not initiated any summary on his own rather the letter received from the DG FIA was forwarded to the secretary establishment. To the bench’s query, he said that the letter was about a reference to the Establishment Division, so under the Rules of Business, he had to forward it. The Chief Justice observed that no one had asked for disassociation of Qureshi but it was done under a plan.
The Secretary, Establishment Division, apprised the bench that on April 18, he received verbal orders from the prime minister and issued the notification. The implementation was confirmed by Khushnood Lashari, Secretary to the PM. The Chief Justice said that now they were involving the prime minister. “Why was it necessary to put the issue before the Prime Minister? The notification says something else!” the CJ said. Abdul Hafeez Pirzada, the counsel for the Federation, prayed to the Court to show restraint. The chief justice said that the court had been showing restraint for the past many years.