ISLAMABAD: The National Accountability Bureau (NAB) filed in an accountability court on Monday a fresh reference against former president Asif Ali Zardari and ex-prime ministers Nawaz Sharif and Yousuf Raza Gilani for allegedly misusing official gifts given to them by foreign states.

Two main accused in the fake bank accounts case — Khawaja Anver Majid and his son Khawaja Abdul Ghani Majid — were also nominated in the reference for money laundering and helping Mr Zardari in obtaining luxury vehicles from Tosha Khana [a department which keeps gifts given to Pakistan’s heads of state and prime ministers by other states].

According to rules, the presidents and prime ministers have to deposit these gifts in Tosha Khana. However, the rulers had reportedly misused their authority and illegally kept the gifts for their own or their family’s use during their terms in power or after departure from their offices. As per the rules, in case they want to retain such gifts they have to pay a concessional amount to the national exchequer.

Zardari, Nawaz and Gilani among suspects

According to a NAB document, the Supreme Court had directed the anti-graft watchdog that if it considered expedient and appropriate to conduct further probe, inquiry or investigation into the matters in the wake of a report by a joint investigation team (JIT) on the “fake bank accounts scam” to determine the facts, it shall be free to do so at Islamabad.

Accordingly, the NAB Rawalpindi director general authorised an inquiry against the holders of public office, legal persons and others for allegedly taking vehicles from “Tosha Khana” and paying import duty/taxes from fake bank accounts.

The NAB document stated that the evidence collected during the course of inquiry and investigation established that Mr Gilani had, in order to extend illegal benefit to Asif Zardari and Nawaz Sharif, illegally allowed the retention of vehicles gifted to them by different foreign states and dignitaries, which at that time belonged to Central Pool of Cars of the Cabinet Division, by relaxing the procedure of Tosha Khana, and both the former prime ministers, through dishonest and illegal means for their personal benefit and interest, retained these vehicles against a nominal payment of 15pc of the total value of vehicles.

Mr Zardari had allegedly made payments and duties of these vehicles through Omni Group chief Khawaja Anver Majid and Khawaja Abdul Ghani Majid for which he had no plausible justification. NAB said it was established during the course of investigation that these amounts were from illegitimately laundered proceeds for the benefit of Mr Zardari.

According to the NAB document, Mr Gilani, being the prime minister and minister-in-charge of the Cabinet Division from 2008 to 2012, had in exercise of his official functions and in connivance with co-accused Asif Zardari and Nawaz Sharif, dishonestly and illegally relaxed the procedure for the acceptance and disposal of gifts which expressly stipulated that vehicles shall not be allowed to be purchased by the recipients and be given to the Central Pool of Cars.

It said Mr Zardari, being the president, had accepted and received the armored vehicles as gifts from the United Arab Emirates [BMW 750 Li model 2005, Lexus Jeep model 2007] and from Libya [BMW 760 Li model 2008] in Sept-Oct 2008. But instead of reporting and depositing the gifted vehicles in Tosha Khana, he converted them to his own use, entrusted to him or under his control till the time he showed his desire to retain the vehicles.

The document said Nawaz Sharif held the office of the prime minister from 1997 to 1999 and did not hold any public office in 2008. However, from April to December 2008, he had, without giving any application or request, in connivance with Mr Gilani, dishonestly and illegally obtained relaxation, for his benefits, of procedure for the acceptance and disposal of gifts.

It was established during the course of investigation established that Anver Majid, having control of and by operating accounts of M/s Ansari Sugar Mills Ltd, had transferred Rs9.2 million from bank account No.3172-2 maintained with NBP Avari Tower branch, Karachi, vide cheque dated 23-04-2009 to the account [No.0023-011009761001] of Mr Zardari maintained with Silk Bank, Karachi.

Mr Majid also made another payment of Rs11.1m from account No.4108080922 maintained with NBP Shaheed-i-Millat branch, Karachi, to the government treasury on behalf of Mr Zardari. The accused persons, according to the document, as part of their overall illicit scheme (mutual illicit interests), made payments totaling Rs20.317m for the undue benefit to Mr Zardari, thus assisted and acted in connivance with him in obtaining pecuniary advantages/property through corrupt and/or dishonest means.

The document said Abdul Ghani Majid had made payments of Rs37.16m to the collector of customs, Islamabad, against the duties of gifted vehicles retained by accused No.2 [Asif Zardari]. These payments were made through three pay orders (Nos.118020, 118021 and 118019) issued from Summit Bank, Uni Tower branch, Karachi, on May 30, 2014 from an alleged fake account [No.1-2-1-20620-714-135339] of M/s Lucky International maintained at Summit Bank, Uni Tower, I.I Chundrigar Road, Karachi, which was declared by the accused No.5 [Abdul Ghani Majid] in Amnesty Scheme 2018 with the Federal Board of Revenue. Mr Majid, as part of their overall illicit scheme (mutual illicit interests), made payments totaling Rs37.16m to benefit Mr Zardari, thus assisted and acted in connivance with him in obtaining pecuniary advantages, property through corrupt and dishonest means.

The investigation established that the accused persons had committed the offence of corruption and corrupt practices and also committed the offence of money laundering.

NAB chairman Javed Iqbal, who had given approval for filing of the reference, had said it would be proper and just to proceed further against the accused persons as there was sufficient incriminating evidence to justify the filing of the reference.

Published in Dawn, March 3rd, 2020