ISLAMABAD: The Supreme Court on Wednesday appointed a Joint Investigation Team (JIT) to probe the Rs35 billion fake accounts case believed to be used for money laundering that also involved former president Asif Ali Zardari and his sister Faryal Talpur as accused.

“We want to ascertain the truth. That is why we want to set up a JIT, because the FIA has no expertise of it,” observed Chief Justice Mian Saqib Nisar while heading a three-judge SC bench.

The names of JIT members will be released by the apex court in an order that will be issued shortly.

CJP says apex court will provide security to FIA chief through Sindh Rangers; names of JIT members to be released later

Earlier on Aug 28, the Federal Investigation Agency (FIA) had proposed the formation of a JIT comprising FIA, State Bank of Pakistan (SBP), Securities and Exchange Commission of Pakistan (SECP), National Accountability Bureau (NAB), Military Intelligence (MI) and Inter-Services Intelligence (ISI) representatives. It was suggested that the probe team be allowed to also co-opt a professional chartered accountant.

In the order on an application moved on behalf of Ms Talpur, CJP Nisar said the apex court would provide security to FIA director general Bashir Memon through the Rangers and may consider not including FIA additional director general Najaf Quli Mirza in the JIT. The applicant had requested the apex court to appoint an impartial officer as JIT’s head instead of Mr Mirza.

On Wednesday, Barrister Aitzaz Ahsan representing Bahria Town in the case also pleaded before the court to exclude Mr Mirza’s name from the JIT.

The SC observed that it could consider vesting the authority as enjoyed by NAB to the JIT to probe the fake accounts case. The bench stated that the court was in search of ‘aliens or angels’ who deposited and withdrew Rs35 billion from the fake accounts. “We want to know who own the money — where it came from and where it went. We are trying to ascertain the truth,” the court observed.

During the hearing, the CJP wondered why the FIA wanted inclusion of the MI in the JIT and observed that the team could get MI support in collection of required call data record.

The FIA DG also requested the court to order transfer of the trial in the fake accounts case from Sindh to Islamabad. He claimed that FIA officers faced security issues as the accused persons had close connections with the Sindh government. “There is wadera raj in Sindh,” he added.

Justice Umar Ata Bandial wondered why the head of the top investigating agency was seeking transfer of the trial from Sindh to other parts of the country when he himself hailed from Sindh. The judge inquired whether any threat had been received by FIA members during the investigations. The DG would have to give a reasonable justification for the transfer of the case from Sindh to Islamabad, Justice Bandial observed, while asking him if he intended to say that they faced non-cooperation of the provincial administration in the investigations as the accused persons were connected with the ruling party in Sindh.

The DG conceded about intense pressure but hastened to add that the banks started cooperating with the agency after the SC orders.

Representing chairman of Omni Group of Companies Khawaja Anvar Majeed and Abdul Ghani Majeed, senior counsel Shahid Hamid reminded the apex court that the FIA had already registered an FIR and presented a challan before a trial court. He requested the apex court to allow the trial court to proceed with the matter. The Majeeds were arrested by the FIA on Aug 15 on the SC premises.

“What if we quash the earlier investigation?” the CJP remarked, adding that then there would be no proceedings before the trial court. He wondered what impediments were in the way of the apex court to take cognizance of the matter under Article 184(3) of the Constitution.

“Seemingly, there is a big fraud of Rs35 billion in this case,” CJP Nisar said.

When the chief justice asked the counsel why his clients were reluctant to face a probe in the matter, the counsel said that the SC had the power to intervene in any manner under Articles 184(3) and 187 of the Constitution though the SC in the Panama Papers case had held that this authority should be exercised sparingly.

Justice Ijaz-ul-Ahsan explained that the SC could intervene in a matter when state institutions expressed handicap to conduct a probe.

The SC would not conduct a trial but would only constitute a JIT, he said, adding a number of judgements of this court had earlier held that the apex court could intervene in corruption cases.

Representing Anwer Majeed’s children in the case, Advocate Muneer Bhatti requested the SC to order removal of his clients’ names from the Exit Control List (ECL) and reminded the court that representatives of the intelligence agencies were included in the Panamagate JIT due to the involvement of the holder of public office.

Senior counsel Farooq H. Naek said Article 184(3) should be read with Article 4 of the Constitution, which ensures that the rights of individuals have to be dealt with in accordance with the law.

The SC bench, however, observed that he should have no objection to the JIT formation since his client, being a former president of Pakistan, was a public office holder and that the counsel would get a good opportunity to clear his name of all allegations. The counsel emphasised that since the offence being faced by his clients was related to banks, the case be decided by a banking court.

Published in Dawn, September 6th, 2018