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ISLAMABAD: The Supreme Court appeared surprised on Tuesday when it was informed that the Federal Investigation Agency had on its own unfrozen two bank accounts of Rs19.3 million which it had frozen on apprehensions of containing dirty money during the course of investigation into the multi-billion-rupee National Insurance Company Limited (NICL) scam.
The FIA had frozen the accounts of Messers Agro Tractors (Pvt) Ltd in Al Baraka Bank (Rs1.8 million) and Messers Al-Tahoor in Allied Bank Limited (over Rs17 million).
On applications moved by chief operating officers of the two companies, Investigating Officer Zulfikar Ali unfroze the accounts after seeking approval from Director FIA Lahore Waqar Haider.
“Either deposit the money on your own or get ready to go to jail,” Chief Justice Iftikhar Mohammad Chaudhry, who heads a three-judge bench hearing the politically explosive NICL case, warned the two officers.
“Surprisingly without any justification and knowing well in advance that the matter is pending before the court for adjudication, the amount was unfrozen,” the chief justice said, adding that their action was not sustainable in the eyes of the law.
But at the request of the two officers, the court provided them an opportunity to ensure deposit of the amount by Nov 18 by considering it a case property. “By your conduct you are inviting misconduct,” the chief justice told the officers.
The court appeared annoyed when it was informed that the FIA had failed to comply with an earlier court order of keeping the National Accountability Bureau abreast of the pace of investigation.
The two organisations were also required to decide about the trial of the accused involved in the NICL scam either in the banking court or the accountability court.
“Have you taken NAB into confidence before filing of the reference in the banking court?” Justice Tariq Pervez asked FIA’s Director Legal Mohammad Azam Khan. It was a violation of the Supreme Court orders, he said.
“We are bringing the NAB on board,” the chief justice said.
“Is there any order ever complied with by the FIA?” Justice Amir Hani Muslim quipped. From day one efforts were afoot not to obey the court orders, he added.
The director legal tried to convince the bench that under the FIA rules, the investigation officer could unfreeze the money.
But he was reminded that the requirement of the Criminal Procedure Code always took precedence over FIA rules. Besides, under the law, the FIA director general had to issue the orders for unfreezing the money.
Referring to the misunderstanding between PML-Q president Chaudhry Shujaat Hussain and FIA’s former additional director general Zafar Ahmed Qureshi, the court asked the latter not to file a reply on the application moved by the politician.
On Monday, Zafar Qureshi, who was investigating Chaudhry Moonis Elahi for his involvement in the NICL scam, again informed the Supreme Court that he was still being haunted and that he feared for his life. He said he had been informed by a reliable source that there was a plan to assassinate him.
Chaudhry Shujaat had filed two applications in the Supreme Court against Zafar Qureshi who had informed the apex court on Feb 17 that he was being threatened with dire consequences and that Chaudhry Shujaat, Pervaiz Elahi, Moonis Elahi, Chaudhry Wajahat, Maj (retd) Habibullah Warraich and Mohsin Habib Warraich would be responsible if he met an unnatural death.
On Tuesday, Dr Babar Awan, representing Moonis Elahi, informed the court that Chaudhry Shujaat had come to his house and said he had no grudge against Zafar Qureshi and, therefore, the misunderstanding should be settled out of court.
Attorney General Maulvi Anwarul Haq said the FIA had received the certified copy of the order of banking court which had exonerated Moonis Elahi. But, he added, the agency was yet to decide whether or not to challenge the order before a competent court.
The court provided Advocate Iftikar Gillani, who is representing FIA Director General Tehseen Anwar, a list of defiance of the court orders by the DG. Mr Gillani is required to prove his client’s innocence by Nov 23 through a reply.
The court asked the attorney general to talk to the AGPR to get the pension of Zafar Qureshi released. The FIA DG is required to take care of TA/DA of Mr Qureshi who has retired and is attending the proceedings on court notice.
The court asked Supreme Court’s former judge Ghulam Rabbani to continue his inquiry to determine whether before suspending Mr Qureshi pressure was exerted upon him by Interior Minister Rehman Malik, as was reported in newspapers, and who was behind a campaign against the judiciary in the electronic media.
