SC tells FIA to return Rs 20m from Moonis’s accounts

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Declaring the reactivation of Moonis Elahi’s accounts a violation of its orders, the Supreme Court told the Federal Investigation Agency (FIA)’s Lahore director on Tuesday to return the Rs 20 million unfrozen from the accounts of the key accused of the National Insurance Company Limited (NICL) scam within two days. A three-member special bench of the Supreme Court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Amir Hani Muslim was hearing the NICL scam case. The court warned FIA Lahore Director Waqar Ahmad and Assistant Director (Legal) Zulfiqar Ali to ensure the unfrozen money was returned, otherwise they would be sent to jail. The chief justice noted that FIA Director General (DG) Tahseen Anwar Shah was not implementing court orders and told him to pay TA/DA to former FIA additional DG Zafar Qureshi, who was heading the scam’s investigation.
During the hearing, the court sternly reprimanded the FIA Lahore director for unfreezing two accounts of Elahi, which contained Rs 20 million. The court asked Waqar Ahmad on what grounds he reactivated Elahi’s accounts, and said the National Accountability Bureau (NAB) would be brought on board in the NICL scam case.
The chief justice asked both officers to recover the money first and then the court would decide on what action to take against them. He said many of the court’s orders in the NICL scam case, wherein the FIA was directed to take NAB into confidence while investigating the scam, were not implemented. “Why were our orders not implemented in letter and spirit?” the chief justice enquired, adding that the court would send the case to NAB.
When the court asked FIA Director (Legal) Azam Khan whether the agency had taken NAB into confidence while probing the NICL scam, he could not give a satisfactory reply. Justice Tariq Parvez noted that it had to be determined by the FIA and NAB whether the case of Moonis Elahi should be sent to the trial court or not. “In this matter too, the court orders were violated,” Justice Parvez said. He said the letters on whose basis Elahi’s accounts were unfrozen were not available on FIA records.
Appearing on notice, Attorney General Maulvi Anwarul Haq told the court that Justice (r) Ghulam Rabbani was probing political involvement in the scam’s investigation and he had also collected some evidence; however after his retirement he could not complete the enquiry. The court then ordered that Justice (r) Rabbani would continue the enquiry and submit his report within a month. The attorney general also presented before the court a copy of Elahi’s acquittal orders. Wasim Sajjad, counsel for Moonis Elahi, told the court that misunderstanding between Pakistan Muslim League-Quaid (PML-Q) President Chaudhry Shujaat Hussain and Zafar Qureshi would be settled amicably out of court. The court then adjourned further hearing until November 24.

2 COMMENTS

  1. The following comments were made in response to an article Mr Rizwan Mumtaz Ali in Pakistan Today on 12th Nov 2011. I am reproducing those comments. They are still relevant.

    The outcome of this case was a travesty of justice.

    In case this judge was sitting in England the three cricket players would have been also declared innocent against the majority decision of an independent jury consisting of 12 common men and women.

    In the case of Moonis Elahi the evidence was tampered, the witnesses quietened and he briskly shifted out of Pakistan to England to his in laws.

    All prosecution witnesses turned hostile and not uttered a single word against Moonis Elahi. All witnesses, this is quite a co-incidence.

    Does the writer of this article think that his readers lack common sense?

    "In an 11-page decision the judge held that Moonis Elahi was not nominated in the First Information Report (FIR) and that all the prosecution witnesses had turned hostile and not uttered a single word against Moonis Elahi in their statements."

    Here is another twist.

    "The court added that the confessional statements of the two other individuals accused in the case had no bearing on the acquittal decision of Moonis Elahi."

    Give up Mr Ali (Rizwan Mumtaz Ali).

    We are no fools.

    A RETRIAL IS IN ORDER. THIS WILL TAKE PLACE IN GOOD TIME.

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