Refile, reinvestigate: Court asks for reference in Masoom Shah case

Judgment raises doubt over whether deeds submitted for plea are authentic

PESHAWAR: An accountability court has directed National Accountability Bureau (NAB) Khyber-Pakhtunkhwa to file another reference against former adviser to chief minister Syed Masoom Shah within a fortnight. In a detailed judgment issued on February 18, the NAB K-P director general was asked to complete investigation into the case without further delays.

As per a copy of the judgment available with The Express Tribune, the accountability courts are not “rubber stamps to approve whatever is placed before it”. On the contrary, it has the power to scrutinise the plea bargain agreement approved by NAB to determine whether it has been signed in accordance with the law.

Casting doubt

The judgment raised doubts on the deeds Shah signed to voluntarily return money to NAB, saying the agreements appear to be fake.

It stated one of the deeds—signed with Haji Muhammad Sher—under which Shah received Rs120 million in cash as qarz-e-hasna (interest-free loan) on December 14, 2015, are not authentic. It added the treasurer’s seal on the stamp paper is dated November 24, 2015 while it was registered by a stamp vendor on December 14, 2015. In addition, the deed was issued without the signature of the parties to the agreement.

“No mode of payment was mentioned,” read the judgement. “[Furthermore], the khasra number has not been mentioned. Arif, the witness, has been cited in all the other deeds as well [and is] a doubtful witness.”

As per the judgment, the payment of Rs120 million in qarz-e-hasna also seems implausible. Similarly, the other deeds, signed with Misbahullah, to receive Rs40 million as qarz-e-hasna has no signature of either party. It also does not mention the boundaries of the property.

According to the judgment, the remaining deeds also looked bogus and it would not be possible for the court to approve the plea bargain if qarz-e-hasna was obtained through deceitful deeds.

Eight questions

The court had asked eight questions - six from NAB while two from Shah. The NAB investigation officer was asked to prepare a chart of Shah’s movable and immovable property.

According to the judgment, the reply submitted was beyond the court’s understanding.

The court sought an explanation for why a chart was not prepared and creating confusion about the original assets acquired through corruption.

Frozen

As per the judgment, the Rs258 million offered by Shah under a plea bargain will remain frozen under Section 12 of the National Accountability Ordinance.

It added the claimants of the money—including Haji Muhammad Sherm, Misbahullah, Asif Nauman, Khalid, Malik Jehanzeb, Syed Baqir Shah and Shah—would be given fair opportunity to prove this amount to be declared under lawful means.

NAB has to declare if the amount came through illicit means or was borrowed as qarz-e-hasna.

Published in The Express Tribune, February 27^th,  2016.