Detailed verdict ‘exposes flaws in FIA investigation’

LHC says agency’s investigation, prosecution failed to prove any charges against PM, son

LAHORE:

The court that recently acquitted Prime Minister Shehbaz Sharif and his son, former Punjab chief minister Hamza, in a Rs16 billion money laundering case, on Thursday issued its detailed verdict -- exposing the Federal Investigation Agency’s (FIA) flaws in investigation and prosecution.

Special Central Judge Ijaz Awan issued a 31-page written judgment that read that the FIA had recorded the statements of 66 witnesses to prove that the benami accounts belonged to PM Shehbaz and Hamza.

However, none of the witnesses had named the prime minister and his sons, Hamza and Suleman.

Not even any banker had testified against them.

The verdict further read that the FIA was unable to prove that these benami accounts were operated by PM Shehbaz and his son.

Not a penny was transferred to the father and son duo from these benami accounts.

The judgment noted that there was no record of any direct transactions made to the bank accounts of the prime minister and his son.

It added that there was nothing in the record presented to the court that showed the petitioner had benefitted in any way.

The verdict further noted that the FIA prosecution had failed to establish that PM Shehbaz had remained the director or shareholder of the Ramzan Sugar Mills.

The judgment noted that the investigation officer had not believed the testimony of witness Aslam Zeb Butt.

It added that when the prosecution itself had no confidence in the testimony of a witness, then that person lost value in the eyes of the law.

During investigation, Butt had claimed that he had deposited an amount of Rs250,000 in the party office on the instructions of Suleman.

The witness had claimed that he had further deposited a sum of Rs1 million on Suleman’s directives.

However, the incumbent investigation officer told the court that Butt had said nothing against Shehbaz or Hamza.

There was an allegation that co-accused Masroor Anwar had carried out four transactions to the bank account of the late Gulzar Ahmed, the purported cash boy of PM Shehbaz.

The verdict read that the FIA prosecution was given the opportunity to prove this, but it could not.

Witness Muhammad Tauqeer had claimed that his account was opened on the instructions of Sharif Company CFO Muhammad Usman.

The investigating officer failed to provide the details of this joint account to the court.

The challan read that Malik Maqsood’s account was operated by Ramzan Sugar Mills general manager Ishrat Jameel. The FIA prosecution did not provide any evidence to establish this.

It is alleged in the case that various politicians, contractors and others had deposited cheques and money in benami accounts. A politician had even deposited Rs14 million for a party ticket.

The judgment noted that the FIA prosecution had neither disclosed the name of that politician, nor the identity of those contractors.

It added that in the present case, Shehbaz and Hamza could not be charged and were not likely to be punished.

The verdict noted that the FIA had initially claimed that the case involved Rs25 billion but presented a challan of Rs16 billion.

It added that the FIA had attached documents for opening benami accounts with the challan.

The record showed that the benami accounts were opened in the names of low-wage employees of Ramzan Sugar Mills.

However, as per the opening form, neither PM Shehbaz, nor his son had used their influence for this purpose.

The judgment read that Hamza had admitted that he was a shareholder and director of Ramzan Sugar Mills.

However, it could not be established that Hamza operated these benami accounts based on the personal opinion and analysis of the investigator.

The FIA had registered a case against then opposition leader Shehbaz and his sons Hamza and Suleman in November 2020 under Sections 419, 420, 468, 471, 34 and 109 of Prevention of Corruption Act and r/w 3/4 of the Anti-Money Laundering Act.

In December 2021, the agency had submitted a challan against Shehbaz and Hamza over their alleged involvement in the Rs16 billion money laundering case.