Axact scandal: errant judge not tried under anti-graft law

March 01,2018

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KARACHI: Neither a case has been registered for taking bribe nor the money has been returned by the additional sessions judge of Islamabad who let off the Axact CEO Shoaib Ahmad Shaikh on payment of Rs five million in illegal gratification.

The additional sessions judge Pervezul Qadir Memon was sacked but the other proceedings of the law including registration of case and the prison term have been largely ignored. Axact CEO Shoaib Ahmad Shaikh was acquitted by the additional sessions judge Pervezul Qadir Memon on Oct 31, 2016 in two cases of money laundering and forged degree scandal registered against the CEO Axact in May 2005. Immediately on release it was widely speculated that Shoaib Shaikh was let off on payment of heavy bribes to the judge as otherwise there was no possibility of the acquittal of the accused. The issue was investigated by a judicial panel comprising Justice Shaukat Aziz Siddiqui and Justice Mohsin Akhtar Kayani.

The former judge Pervezul Qadir Memon confessed to the crime and in line with the judicial procedure, he was initially suspended and a show cause notice were served on him. Following the procedure, Qadir Memon was eventually sacked.

However surprisingly he was neither booked under anti corruption charges and nor tried in a court of law. The sections 161-167 of the Pakistan Penal Code define corruption and illegal gratification and combined under section 5(2) it awards a maximum seven year sentence, besides a fine or both. Many lawyers are of the view that Pervezul Qadir Memon could be roped in under the afore mentioned anti corruption law, whereas FIA is only conducting a slow paced inquiry into the incident.


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