ISLAMABAD, Oct 31: The Supreme Court on Thursday held that the prosecution could not establish the corruption charge against Mir Munawar Ali Talpur, the brother-in-law of Asif Ali Zardari, and five other accused, and acquitted them.
Justice Mohammad Nawaz Abbasi, who authored the judgment for the three-judge bench, held that the prosecution failed to establish the charge against the appellants — Mir Munawar Ali Talpur, ex-local government minister, Sindh, Vijant Kumar, Ramesh Lal, Nirmal Das, Mukesh Kumar, and Ms Bhagwanti — beyond reasonable doubt, and the conviction and sentence awarded to them was set aside.
Mir Munawar Ali Talpur had been awarded three years’ rigorous imprisonment with a fine of Rs20 million. He and other accused were granted bail by the Supreme Court in 1998.
The court held there was no direct or circumstantial evidence to show that the minister “in departure to policy and without advice of the administrator and secretary” had approved the contract.
Fakhruddin G. Ibrahim had pleaded the case of the appellants, and Raja Mohammad Arshad, deputy attorney general, had represented the state.
The court held that the inquiry report placed on record by the SHO also did not contain any substantial material in support of the allegation. It said that perusal of remaining documentary evidence of the official correspondence and the letters of Ziarat Enterprises, would not indicate any element of favour or disfavour in the transaction.
The court stated that it was correct that the grant of contract through negotiation “in preference to the policy of auction” might create an impression that it was not transparent but the same itself would not be an evidence of corruption.
The apex court said that unwillingness of the people to participate in the auction and offer the bid, showed that no one else was interested in the contract “which would be strong circumstance” to show the bona fide of the minister.
The Supreme Court bench comprising Chief Justice Shaikh Riaz Ahmad, Justice Mian Ajmal, and Justice Mohammad Nawaz Abbasi, held that the detailed scrutiny of (the) evidence and examination of the facts in the background and circumstances under which the offer was accepted would satisfy the mind that acceptance of offer of Ziarat Enterprises was not for any personal interest “to raise a presumption of guilt.”
The apex court further observed that the record showed that the minister, under the advice of the secretary, local government, approved the contract in good faith without any personal interest of financial gain.