An Islamabad district and sessions court on Friday granted the Federal Investigation Agency (FIA) three-day physical remand of Axact chief executive Shoaib Ahmed Sheikh in connection with a graft case registered against him and a former additional sessions judge of Islamabad.

Sheikh was arrested by FIA’s Anti-Corruption Circle on Thursday on charges of bribing a judge. According to the first information report (FIR), the Anti Corruption Circle Islamabad conducted an inquiry in response to a reference sent by the additional registrar of Islamabad High Court (IHC) on Feb 17, 2018.

After his arrest, the chief of the BOL television network was presented before a court today where FIA’s investigation officer (IO) and prosecutor Ashfaq Naqvi were present. Sheikh’s lawyers Latif Khosa and Sher Afzal Marwat were also in attendance.

Against the FIA’s request for a 10-day physical remand, the court granted them three-day physical remand of Sheikh and issued directives for him to be produced before the court on March 13.

Judicial Magistrate Umar Shabbir remarked that the case was not an ordinary one because it had been lodged on the complaint of the IHC.

“We cannot dismiss the charges without investigation and the investigation officer must be given adequate time for the probe,” he said and instructed the police to conduct Sheikh’s medical examination.

The hearing

As Sheikh was brought to the court today, he complained that the FIA had covered his head with a cloth and handcuffed him “like terrorists”.

The judge asked the prosecution if an inquiry was conducted before the case proceedings, to which the IO replied that a transaction had been made into the bank account of the ex-judge in question.

“The IHC had ordered the inquiry against Sheikh,” he said, contending that despite being in jail, bribes had been sent by the accused. “The institution was defamed.”

He added that the FIA wanted to interrogate the suspect and requested the court to hand him over to the police.

Here, Sheikh interjected that the bribe was given by a “brigadier sahab”.

“The bribe was given by a brigadier and taken by a judge. I don’t have anything to do in this matter,” he contended, asking if the brigadier had been arrested and if his statement was recorded.

Sheikh also claimed that he was being treated “inhumanely” and pleaded that he should be given a few days to become a part of the inquiry against him.

At that, the IO said that the ex-sessions judge had not confessed to taking the bribe.

“Have the other 25 suspects been made a part of the investigation?” the court inquired to which the FIA officer replied that they had not been included in the probe yet.

For his part, prosecutor Naqvi said that 26 suspects had been booked in the case. “The former sessions judge’s statement was a part of the appeal in the IHC. The trial court had declared Sheikh and other 25 suspects offenders in the case.”

However, he went on today, Sheikh filed an appeal in the high court without going to jail.

“The sessions court judge had admitted to taking the bribe in front of two high court judges,” Naqvi told the court, adding that only 24 hours had elapsed to Sheikh’s arrest and he could not be discharged from the case.

“If one person had admitted to taking the bribe then someone has given the bribe too, and the beneficiary, in this case, is the Axact CEO,” he added.

For his part, Sheikh’s lawyer Khosa argued that the allegations levelled at his client were “ridiculous”. “The inquiry was conducted in 2018. What is the point of opening the case after five years?”

On the other hand, Marwat said: “The prosecutor should be instructed to present the evidence regarding the transactions. The prosecution doesn’t even tell us why they need the physical remand.”

After the arguments from all the parties concluded, the court reserved its verdict.

The FIR

The case was registered at FIA Anti-Corruption Circle on Wednesday under charges 161 (Public servant taking gratification other than legal remuneration in respect to an official act), 165-A (Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant), and 109 (Punishment of abetment if the Act abetted committed In consequence and where no express provision is made for its punishment) of the Pakistan Penal Code (PPC) along with the Prevention of Corruption Act, 1947 section 5(2).

Consequent upon the said inquiry, it transpired that ex-additional district and sessions judge Pervaiz-ul-Qadir Memon had admittedly received illegal gratification amounting to Rs5 million for the acquittal of the Axact CEO Shoaib Ahmed Sheikh in a case titled ‘The state vs Shoaib Ahmed Sheikh’.

This prima facie, constitutes offences of misuse of authority for illegal personal gains and criminal miscount, the FIR stated, adding hence, after approval from the competent authority, a case is registered against Pervaiz-ul-Qadir Memon on charges of taking illegal gratification for acquitting Shoaib Ahmed Sheikh through judgment and CEO Axact Shoaib Ahmed Sheikh for being beneficiary of the transaction.