NICL case verdict: SC orders action against top officials
NAB also directed to move against own chief.
SC found Zaman guilty in the matter alongside then commerce minister Makhdoom Amin Fahim. PHOTO: FILE
ISLAMABAD:
In a hard-hitting verdict, the Supreme Court ordered the top graft watchdog on Friday to register cases against the top bureaucrats and politicians involved in the National Insurance Company Limited (NICL) scandal.
A three-judge bench, headed by Chief Justice Iftikhar Chaudhry, directed that all investigations into the multibillion-rupee scandal be handed over to the National Accountability Bureau (NAB).
At the same time, the court issued directives for initiating a case against the incumbent NAB chairman, Qamar Zaman Chaudhry, over his alleged involvement in the NICL scam, triggering confusion among legal experts as to how the bureau could carry out such an order.
The court, while declaring Ayyaz Khan Niazi’s appointment as NICL chairman “non-transparent, illegal and unwarranted”, found Zaman guilty in the matter alongside then commerce minister, Makhdoom Amin Fahim, commerce secretary Suleiman Ghani, establishment secretary Ismail Qureshi and acting principal secretary to the prime minister Nargis Sethi.
Since those involved in Niazi’s appointment are liable to be dealt with under Section 9(a)(vi) of the National Accountability Ordinance, 1999, NAB will have to investigate its own chief.
According to legal experts, this has a direct impact on the governance structure in the country.
“It is incomprehensible how Qamar Zaman can retain his post now after the court’s verdict,” said Justice (retd) Tariq Mahmood. “Will NAB register a case against its chief? Or will he file a case against himself as well?”
Senior lawyer and PPP leader Aitzaz Ahsan, meanwhile, urged the court to exercise restraint in the matter. He said there were numerous instances in the past where the court had to rectify weak judgments.
However, senior lawyer Abdul Hafeez Amjad defended the judgment, saying it was necessary to curb the menace of corruption in the country.
The bench, in its final verdict on the NICL case, also found Zaman guilty of creating hurdles in the investigation of the case and framed contempt charges against the NAB chief.
It observed that Zaman, while serving as interior secretary, was involved in the transfer of then Federal Investigation Agency (FIA) director general (DG) Zafar Ahmed Qureshi, which “hampered the smooth and transparent investigation into the NICL scam”.
Then establishment secretary Abdul Rauf Chaudhry, principal secretary to the prime minister Khushnood Akhtar Lashari, and former FIA DG Malik Muhammad Iqbal were also involved in Qureshi’s transfer.
“On account of the transfer of Zafar Qureshi, an amount of Rs420 million, due against Mohsin Habib Warraich, and others could not be recovered,” the judgment read. “Likewise, another huge amount… having a balance of £1.138 million… deposited by the accused persons in the bank account of Moonis Elahi… had not been recovered.”
The judgment also stated that in the period Qureshi remained dissociated with the NICL investigation, outstanding amounts which had been frozen were ‘illegally activated’.
The bench framed contempt charges against Abdur Rauf Chaudhry over this matter as well. It observed that while Khushnood Lashari had replied to the show cause notice served to him in this regard, he had yet to appear in court. As such proceedings against him were to be ‘kept pending’. All other contempt of court cases, linked to the NICL scam, were to be de-linked and fixed for hearing, the judgment stated.
The court also stated that the FIA had failed to recover the outstanding amount from the main accused so far. It ordered the NAB chairman to take the necessary steps to recover the amount and arrest the main accused as early as possible.
Published in The Express Tribune, November 23rd, 2013.
In a hard-hitting verdict, the Supreme Court ordered the top graft watchdog on Friday to register cases against the top bureaucrats and politicians involved in the National Insurance Company Limited (NICL) scandal.
A three-judge bench, headed by Chief Justice Iftikhar Chaudhry, directed that all investigations into the multibillion-rupee scandal be handed over to the National Accountability Bureau (NAB).
At the same time, the court issued directives for initiating a case against the incumbent NAB chairman, Qamar Zaman Chaudhry, over his alleged involvement in the NICL scam, triggering confusion among legal experts as to how the bureau could carry out such an order.
The court, while declaring Ayyaz Khan Niazi’s appointment as NICL chairman “non-transparent, illegal and unwarranted”, found Zaman guilty in the matter alongside then commerce minister, Makhdoom Amin Fahim, commerce secretary Suleiman Ghani, establishment secretary Ismail Qureshi and acting principal secretary to the prime minister Nargis Sethi.
Since those involved in Niazi’s appointment are liable to be dealt with under Section 9(a)(vi) of the National Accountability Ordinance, 1999, NAB will have to investigate its own chief.
According to legal experts, this has a direct impact on the governance structure in the country.
“It is incomprehensible how Qamar Zaman can retain his post now after the court’s verdict,” said Justice (retd) Tariq Mahmood. “Will NAB register a case against its chief? Or will he file a case against himself as well?”
Senior lawyer and PPP leader Aitzaz Ahsan, meanwhile, urged the court to exercise restraint in the matter. He said there were numerous instances in the past where the court had to rectify weak judgments.
However, senior lawyer Abdul Hafeez Amjad defended the judgment, saying it was necessary to curb the menace of corruption in the country.
The bench, in its final verdict on the NICL case, also found Zaman guilty of creating hurdles in the investigation of the case and framed contempt charges against the NAB chief.
It observed that Zaman, while serving as interior secretary, was involved in the transfer of then Federal Investigation Agency (FIA) director general (DG) Zafar Ahmed Qureshi, which “hampered the smooth and transparent investigation into the NICL scam”.
Then establishment secretary Abdul Rauf Chaudhry, principal secretary to the prime minister Khushnood Akhtar Lashari, and former FIA DG Malik Muhammad Iqbal were also involved in Qureshi’s transfer.
“On account of the transfer of Zafar Qureshi, an amount of Rs420 million, due against Mohsin Habib Warraich, and others could not be recovered,” the judgment read. “Likewise, another huge amount… having a balance of £1.138 million… deposited by the accused persons in the bank account of Moonis Elahi… had not been recovered.”
The judgment also stated that in the period Qureshi remained dissociated with the NICL investigation, outstanding amounts which had been frozen were ‘illegally activated’.
The bench framed contempt charges against Abdur Rauf Chaudhry over this matter as well. It observed that while Khushnood Lashari had replied to the show cause notice served to him in this regard, he had yet to appear in court. As such proceedings against him were to be ‘kept pending’. All other contempt of court cases, linked to the NICL scam, were to be de-linked and fixed for hearing, the judgment stated.
The court also stated that the FIA had failed to recover the outstanding amount from the main accused so far. It ordered the NAB chairman to take the necessary steps to recover the amount and arrest the main accused as early as possible.
Published in The Express Tribune, November 23rd, 2013.