FIA seeks ministry’s nod for legal action against Tarin

The Federal Investigation Agency (FIA) has requested the federal government to initiate criminal proceedings against former finance minister Shaukat Tarin on charges of sedition, among others, for allegedly stalling negotiations between Pakistan and the International Monetary Fund (IMF).

The FIA has requested the federal government to initiate legal proceedings against the former financial czar in connection with the audio clips wherein he allegedly attempted to employ ‘hardball tactics’ to thrust the crucial loan program into “jeopardy”.

FIA’s cybercrime zone has sought the government’s permission for a special complaint under section 196 (prosecution for offences against the state) of the Criminal Procedure Code (CrPC) for obtaining cognizance of offences under section 124-A (sedition) and 505 (statements conducing to public mischief) of the Pakistan Penal Code (PPC) in an enquiry pertaining to audio leaks pending against Tarin.

The details emerged in a letter written to the interior ministry by FIA cybercrime assistant director Ayaz Khan.

Read more: Govt's lack of vision stalled IMF loan tranche: Tarin

In the letter, the official stated that the audio was shared on social media. “Mr Shaukat Tarin has been communicating with the Minister for Finance, KPK and Minister of Finance, Punjab to write letters to federal government that surplus amount will not be refunded to federal government while the terms for cooperation are being finalised between the government of Pakistan and IMF.”

In addition, Khan stated, “the purpose of urging Mr Shaukat Tarin to the provincial ministers was to stall negotiations with IMF which is a matter of national interest and security.” In order to proceed further, he said, the law requires a complaint from the “appropriate government” under section 196 of CrPC.

Section 196 (prosecution for offences against the state) states: “No court shall take cognisance of any offence punishable under Chapter VI or IX-A of the Pakistan Penal Code (except Section127), or punishable under Section 108-A, or Section 153-A or Section 294-A, or Section 295-A or Section 505 of the same code, unless upon complaint made by order of or under authority from, the federal government or the provincial government concerned, or some officer empowered in this behalf by either of the two governments.”

After reproducing the section, Khan has requested that a complainant may be sent for further legal proceedings as per law. When approached for confirmation and comments, Khan told The Express Tribune that he would neither confirm nor deny the authenticity of the letter nor would like to comment on the matter.

Later, sources in FIA and the interior ministry confirmed that the letter was genuine. Tarin was also asked to comment on the development but no comments were received till the filing of the story.

Reportedly, FIA Cybercrime Wing Islamabad had formally launched an enquiry last year against Tarin over the leaked audio clip of a purported telephonic conversation between him and Khyber-Pakhtunkhwa (K-P) ex-finance minister Taimur Jhagra and Punjab ex-finance minister Mohsin Leghari.

The matter spiralled into an acrimonious verbal slugfest after two audio clips surfaced of a telephone conversation of Tarin instructing party ministers in K-P and Punjab to refuse to commit to a provincial surplus in light of the recent floods that have wreaked havoc in Pakistan.

Audio conversations

In one of the audio clips, it was reported, Tarin could be heard guiding Leghari to tell the federal government and the IMF that he would not be able to commit to a provincial budget surplus in light of the recent floods that have wreaked havoc in Pakistan.

“We only wanted the provincial finance minister to write to the federal government so “pressure falls on these b*** … they’re jailing us, filing terrorism charges against us and they’re going away completely scot-free. We can’t allow this to happen,” Tarin is heard telling Leghari.

Leghari asks Tarin whether the activity would hurt the state, to which Tarin responds: “Well … frankly speaking, isn’t the state suffering the way they are treating your chairman and everybody else? This will definitely happen that the IMF will ask ‘where will you arrange the money from’ and they (the government) will bring another mini-budget.”

Tarin further says that it could not be allowed that “they mistreat us and we stand on one side and they blackmail us in the name of the state and ask for help and we keep helping them.” Later in the leaked conversation, Tarin tells Leghari that the mechanism of the information’s release to the public would be decided later.

“We will do something so it doesn’t seem we are hurting the state but we should at least present the facts that you won’t be able to give [budget surplus] so our commitment is zero.” In the other audio, Tarin can be heard asking Jhagra whether he had drawn up a similar letter.

“[The IMF commitment] is a blackmailing tactic and no one will release money anyway. I won’t release them, I don’t know about Leghari,” says the man, alleged to be Jhagra. Tarin says the letter, once drafted, would also be sent to the IMF representative so “these b*** know that the money they were forcing us into giving will be kept by us”.