Editor's note: The Prosecution failed to establish a case in the Courts of Law, as such, all the accused sent up for trial in this case have been acquitted.

KARACHI, Sept 6: The Sindh High Court on Thursday restrained the Federal Investigation Agency from arresting and charge-sheeting Makhdoom Amin Fahim, a senior leader of the Pakistan People’s Party and federal minister, in the National Insurance Company Limited (NICL) scam case unless reasonable material against him was made available on record.

A division bench headed by Justice Sajjad Ali Shah disposed of the federal minister’s petition against his involvement in the scam with the direction.

The federal minister, represented by Advocate Rasheed A. Razvi, impleaded the interior secretary, FIA director-general, regional director and the deputy director of the FIA’s crime circle, Karachi, as respondents.

His counsel submitted that the petitioner was a renowned political figure of the country and Sajjadanashin (caretaker) of a shrine, Dargah Ghous-ul-Haq Hazrat Makhdoom Sarwar Nooh, at Hala and had millions of followers.

He stated that Mr Fahim had an unblemished political background and was falsely and with mala fide intentions involved by FIA officials in the FIR (21/2010) registered at the commercial bank circle on Nov 22, 2010.

The counsel submitted that his client was neither named in the FIR nor was he mentioned as an accused in the charge-sheet filed in the trial court.

He stated that the petitioner was being charged with appointing then NICL chief Ayaz Khan Niazi and buying 10 acres in Korangi at exorbitant prices, thus causing colossal losses to the national exchequer.

Advocate Razvi submitted that the rules were followed by the ministry of commerce, and two other names besides Ayaz Khan Niazi were recommended for appointment as NICL chairman and the appointment was made by the prime minister after considering the recommendations by the relevant authority.

He submitted that the petitioner and family members had obtained a loan from a private bank and to repay the outstanding amount, a mortgaged property in DHA Phase VI was sold to Zafar Saleem, also a co-accused in the NICL scam, for Rs72.5 million.

The counsel said his client had received a partial payment of Rs41 million from Zafar Saleem, but the execution of the property sale could not be fulfilled due to his death in an air crash and the received amount was returned to his legal heirs through cheques. He submitted that a lawsuit in respect of such a property was disposed of by the court with the parties’ consent.

According to the FIA, Rs900 million was transferred to a joint account of Khalid Anwar Khan and Khawaja Akbar Butt, though the real owner of the amount was Zafar Saleem, a former national athlete and director-general of the Sindh Workers’ Welfare Board, who was killed in a plane crash on July 28, 2010.

The counsel submitted that FIA officials were harassing and humiliating the petitioner.

Apprehending the arrest of his client, the counsel asked the court to direct the respondents not to harass, humiliate and arrest the petitioner.

Mangroves cutting case

A division bench headed by Chief Justice Mushir Alam directed the Board of Revenue and the Land Utilisation Department to remove encroachments on the seashore where mangrove forests were illegally cut in Kakapir Village in Keamari Town.

The bench also ordered the BoR and the LUD to submit their report in the court, and put off the hearing to a date to be announced by the court’s office.

The Pakistan Fisherfolk Development Organisation had filed a petition seeking a restraint order against cutting of mangroves in Kakapir Village near Sandspit.

The petitioner organisation impleaded Zulfiqar Younus, a former nazim of UC-4, Baba Bhit Island, his eight aides, the Sindh home secretary, the DIG of west, the Keamri Town police officer, the SHO of the Mauripur police station and the Sindh Board of Revenue as respondents.

It claimed that the private respondents were involved in illegal cutting of mangroves and requested the court to restrain them from the illegal practice.

Earlier, the court was informed that petitioner Abdul Ghani was shot dead by land grabbers after he moved the court.

On Thursday, the Nazir of the court also submitted his report which showed that the mangroves were removed from the seashore and now several structures were being raised there.

Counsel for the BoR Advocate Iqbal Khurrum stated that the land belonged to the BoR and remedial measures would be taken for the removal of the encroachment and unauthorised construction.

The court directed the senior member of the BoR to ensure that the site was inspected by an independent officer of the LUD, and submit a report in this regard before the next date of hearing, to be set by the court’s office.