In a new twist to the Nizam of Hyderabad fund, former high commissioner to United Kingdom (UK) Wajid Shamsul Hassan blamed Prime Minister Nawaz Sharif for pressing him to withdraw the case filed in the British court seeking £35 million, claiming that the matter was to be settled “bilaterally”.
The Nizam of Hyderabad Deccan had gifted Pakistan £1 million in 1948 and it was deposited in the account of Pakistani High Commissioner (PHC). The amount to this date has come to be £35 million.
In an electronic message sent to Pakistan Today, Hassan claimsed that though the Ministry of Foreign Office is now claiming the case won at the British court, it had issued a notice in May 2016 for going into litigation without its approval.
For nearly four decades, no attempt was made by the Ministry of Foreign Affairs (MoFA) to claim the money lying dormant in its high commissioner’s account in NatWest Bank since 1948, said the letter.
“I as PHC filed a case in 2013 seeking English High Court ruling as to the rightful ownership of the money as it was lying in the account of Pakistan High Commissioner since 1948. Before filing the case much correspondence was exchanged between me as PHC and the MoFA. Red tape in the MoFA was responsible for delayed action,” said the letter.
The ambassador claimed that the case was filed before the 2013 general elections and after due to process at the MoFA and Ministry of Law.
“However, soon after the transfer of power to the new government of Prime Minister Sharif, I was directed to withdraw the case as MoFA at that time claimed that it was a ‘bilateral issue’ between India and Pakistan. It is another story how MoFA thought it was a bilateral issue when it was not,” said Hassan.
He claimed that never before all his five years as PHC, MoFA informed verbally or in writing that it “was a bilateral issue” although truck loads of correspondence on the matter were exchanged between PHC and MoFA.
“It was only after almost three years – end of May 2016, I received a notice from MoFA that I had gone into litigation without MoFA’s permission. I have sent a detailed reply to the 15-day notice to MoFA. The contents of my reply can be taken from MoFA,” he said.
The former envoy said that since the case was filed on “No Win No Cost” basis, I had informed MoFA that since PHC would be breaking the contract, it would be liable to pay the cost to the lawyers company that had acquired the services of Barrister Cherie Blair as well a whole team of barristers and solicitors to do research in the antecedents of the case.
“MoFA insisted on withdrawal through a cipher telegram as such the case was withdrawn. I remained PHC for the next ten months (having resigned on June 13, 2013 and asked to continue until further orders) in the government of PM Sharif and relinquished charge in April 2014,” he added.
Subsequently, he said that MoFA went in appeal for the restoration of Pakistan as a party to the claim that it had itself ordered PHC to withdraw after June 2013.
“India objected/opposed this plea as it was Pakistan that had voluntarily withdrawn from the case,” he said and added that however, as the money was lying in PHC account in NatWest Bank, the English court upheld Pakistan’s plea to revive it as a party.
“This was the decision announced on Tuesday (June 22, 2016) by the English court. In his infinite wisdom, spokesman of the MoFA claimed it to be historic victory when it was nothing but to get status-quo restored as of June 2013. Moreover, MoFA has accused me of damaging its case while the facts are contrary. Further it is been given the impression that the English court has ordered Pakistan to get £35 million that India opposed,” wrote Hassan.
“Had MoFA not ordered withdrawal of the case in 2013, by now the decision regarding £35 million would have come. Regretfully, media is giving the wrong impression that the court has ordered payment of £35 million to Pakistan,” he added.
The fact of the matter is that now the real case regarding claim over the money would proceed for trial in the English court, he said, and added that it may take some time to decide what share all the parties get or the entire money be given to one party or the other.
“Finally, I am in London and do not have access to any records. All the secret documents/cipher telegrams communicating instructions are either in the PHC or MoFA,” he said.
He said any documents regarding instructions to file the case or withdraw it are lying either in PHC or MoFA. Whatever has been stated here is on the basis of a memory that one could have at the age of 75 years suffering third degree chronic kidney disease, diabetes, high blood pressure etc.