FIA denies ‘interfering’ in PM’s case

The Federal Investigation Agency (FIA) has denied interference in the prosecution and investigation in cases against top government functionaries including Prime Minister Shehbaz Sharif.

FIA Director General Muhammed Tahir Rai submitted a concise statement in the Supreme Court, which is hearing a suo motu case about the alleged interference in the prosecution and investigation in high-profile cases.

On the removal of Prosecutor Sikandar Zulqarnain Saleem in a graft case against PM Shehbaz, the statement read that after the submission of a challan, FIA deputy directors Munazza Shaheen and Chand Ashraf replaced him.

On January 3, two special public prosecutors, Naseer-ud-Din Khan Nayyer and Moazzam Habib, were appointed by the law ministry. However, on February 1, Naseer-ud-Din Nayyer de-notified as a prosecutor by the law ministry.

On February 16, Sikandar Zulqarnain and Rao Sami-ud-Din were appointed as special public prosecutors by the law ministry in addition to Moazzam Habib, who had already been assigned the task.

On April 11, one Usman Riaz Gill appeared before the special judge central and submitted an application signed by Prosecutor Sikandar Zulqarnain as he had not appeared in the trial court on that day.

In the application, he had claimed that the FIA DG, through an investigation officer of the case, had conveyed to him not to appear in the court as the suspects in the case were going to be elected the prime minister and Punjab chief minister and the quarters concerned might not be interested in prosecuting them.

The FIA DG’s concise statement mentioned that on April 11, neither Prosecutor Sikandar Zulqarnain, nor Investigation Officer Ali Mardan Shah had appeared in the court.

Also read: SC stops transfers in high-profile cases

"The IO had been transferred out on 02-02-2022 and he relinquished charge on 08-04-2022. The new IO had not been appointed till that day. FIA law officers produced the record of the case in the court in that hearing. FIA law officers, Munazza Shaheen and Aqeel ur Rehman, had appeared in the court on behalf of the FIA. They have stated that all three special prosecutors of the prosecution team did not appear in the court on April 11.”

The concise statement further read that the FIA law officers performed the functions of the prosecution. “The court proceedings order of the Special Judge (Central-1) dated 11-04-2022 also proves that the prosecution team had not appeared in the court. After the court had adjourned and fixed the Case for 27-04-2022, the application in question was submitted by one Usman Riaz Gill on behalf of the Prosecutor Sikandar Zulqarnain. The said person Usman Riaz Gill was not a member of the prosecution team. Sikandar Zulqarnain has not given any evidence in support of his assertion that he was stopped from appearing in the court."

The FIA DG’s statement further read that if Zulqarnain provided any evidence, then his predecessor as well as the previous IO could be asked for an explanation. This happened during the tenure of previous FIA DG Sanaullah Abbasi.

The statement added that on the next date of hearing on April 27, the prosecution team again did not appear in the trial court.

"On 13-05-2022, the team of three prosecutors, namely Sikandar Zulqarnain, Rao Sami-ud-Din and Moazzam Habib was de-notified by the Ministry of Law and Justice. They were changed because they had not appeared on two consecutive trial court hearings. Moreover, Sikandar Zulqarnain had submitted an application through one Usman Riaz Gill in the Court on 11-04-2022 wherein the learned prosecutor himself recused from the case for reasons best known to him. Hence, his team was de-notified ultimately on 13.05.2022. Farooq Bajwa Advocate was appointed by the Ministry of Law and Justice as a new special public prosecutor."

On the death of FIA Punjab Zone-I Lahore Director Dr Muhammad Rizwan, the statement read that he was granted leave by the previous DG Sanaullah Abbasi on “07-04-2022 with effect from 11-04-2022 to 17-04-2022”.

"Through this leave order, he was also transferred to the FIA HQ on expiry of leave by the previous DG. He reported to the FIA HQ on 18-04-2022. Since then, the charge of the post of Lahore director has been assigned to the Deputy Director Nazia Ambreen, who is still holding the charge. All these changes were made during tenure of the previous FIA DG Sanaullah Abbasi. On 18-05-2022, Jahanzeb Nazir was posted the new Punjab Zone Lahore director against the vacant post. But due to the suo motu case order dated 19-05-2022, his posting order has been held in abeyance with effect from 19-05-2022. Therefore, he has not practically worked as director."

The reply also stated that adequate steps had been taken for the preservation of the case files and record with the investigation branch of the FIA. “Instructions have been issued to all field formations of the FIA in this regard wherein active measures have been devised for protection of case records.”