Fraud with the cabinet

ISLAMABAD: The December 3, 2019 cabinet meeting of the Imran Khan government had illegally discussed and decided the highly-controversial issue regarding the repatriation of 190m pounds to Pakistan by the National Crime Agency (NCA) of the UK.

Informed sources said the decision was taken on a sealed “Note for the Prime Minister” and without any summary for the consideration of cabinet from any of the federal divisions.

Cabinet sources, NAB probe and other officials concerned all categorically say that there was no summary moved by the cabinet on the subject, which makes the entire process of decision making on the issue illegal and invalid.

Under the rules of business, the cabinet is bound to take such decisions on the basis of summaries moved by the ministries and divisions. Official record shows that the decision was taken on the basis of the “Note for the Prime Minister” moved by Barrister Shahzad Akbar.

Shahzad Akbar, the-then chairman of the Asset Recovery Unit of PTI government, when approached, insisted that a summary was moved by the Cabinet Division and the decision was taken on the basis of the same summary.

There is, however, no clue about any such summary in the government record and this information has been confirmed by all relevant government sources, including those associated with NAB, Cabinet Division or the Prime Minister’s Office. Summaries for the cabinet consideration are also shared with all the cabinet members. In this case, it did not happen either.

In the cabinet meeting on December 3, 2019, a sealed “Note” was presented before the cabinet by the Asset Recovery Unit of Prime Minister’s Office. The cabinet approved the note without sharing it with cabinet members and directed to keep the “Note” secret.

Official minutes of the cabinet meeting, while conveying the cabinet’s approval to it, had said, “In order to maintain secrecy, the Cabinet directed Cabinet Secretary to see the Note and authorized him to de-seal it if required to be presented before any court of law”.

The Note pertains to the “Accounts Freezing Orders (AFOs) and Repatriation of Funds to Pakistan to a private housing society.” According to the meeting minutes, “Special Assistant to the Prime Minister on Accountability and Interior briefed the Cabinet, in camera, on Accounts Freezing Orders (AFOs) and Repatriation of Funds to Pakistan private housing society, due to discourse/confidentiality clause.”

“The cabinet considered the Note title ‘Accounts Freezing Orders (AFOs) and Repatriation of Funds to Pakistan to private housing society’ dated Dec 2, 2019 submitted by Assets Recovery Unit, Prime Minister’s Office and approved Para 10 thereof;”

“In order to maintain secrecy, the Cabinet directed the Cabinet Secretary to see the Note and authorised him to de-seal it if required to be presented before any court of law.”

The “Note” as was presented before the cabinet, in camera, was neither shared with the cabinet ministers before the cabinet meeting nor was included in the regular agenda. It came up for discussion as an additional agenda.

The ministers were also sketchily briefed on the subject and details were not shared, arguing that the government can’t share the details owing to its understanding with the National Crime Agency of the British government. However, as per the cabinet decision, if the matter was brought up before the judiciary, the “Note” could be unsealed and shared with the court, if so directed by the judiciary.

In normal cases as per the rules, such a case should have been put before the cabinet for consideration only through a formal summary for the cabinet. In view of the nature of the case, the Cabinet Division was bound to consult the ministries of finance, law, foreign affairs and the Attorney General’s office before putting the matter before the cabinet. No such exercise was done.

According to an official source, it was a case of fraud with the cabinet.