The Chairman Federal Judicial Academy

Islamabad

Sub: Response to unfair and unjust contents of Summons dated 16.05.2017 delivered by hand to Mr. Tariq Shafi on the conclusion of interrogation at 11.45pm   

1- This is with reference to a copy of the summons handed over to my client, Mr. Muhammad Tariq Shafi, by Mr. Irfan Naeem Mangi on your behalf at the conclusion of his Interrogation on 16.05.2017 at around 11.45 pm.  

2- Per instructions of my client, you may recall that at the time when your initial summons dated 12.05.2017 was received at my client’s house in Lahore on the same day, he was in Saudi Arabia for purposes of renewing his residential exit visa (Copy of my client's Electronic Exit Re-entry Visa is enclosed herewith). However, despite this, my client, on receiving information of the summons issued by you on 12.05.2017, expedited his process of returning to Pakistan on late evening of 15th of May, 2017. In fact, initially he was scheduled to return to Pakistan on 24th of May, 2017 (Copy of my client's E-ticket for travel to Lahore on May 24 at 1.50 pm is enclosed herewith), but he cut short his visit only to ensure his presence before you on 16.05.2017. As a matter of fact, for this purpose, he had booked a direct flight to Islamabad as otherwise he would not have been able to appear before you on 16.05.2017. 

  3- All of these facts were brought to the notice of the members of the JIT on 16.05.2017 and, in fact, my client had also requested that since he had arrived late on 16.05.2017, his statement may be recorded on the following day. However, notwithstanding the extraordinary effort made by my client for ensuring appearance before you on the date of the summons, my client was shocked to learn that you, vide your follow-up summons dated 16.05.2017 have made no mention of the effort made by my client as noted above; on the contrary, you have tried to give an impression as if my client had deliberately failed to bring along with him any record/documents/material despite clear instructions contained in the initial summons issued by you. In this respect, it may be noted that so far as your summons are concerned, there is no mention of any document whatsoever which you had required my client to produce while recording his statement. Similarly, the precise subject on which my client's statement was required to be recorded was also not indicated In the said summons. Not only this, in the follow-up summons dated 16.05.2017, you have not even mentioned the fact which was brought to your notice by my client, that he had landed in Islamabad from Saudi Arabia so as to meet the deadline of the summons issued by the JIT and the record which he could have brought along with him in support of the statement expected to be recorded could not be available with him. In any case, it is also a matter of fact that all the record which you require my client to produce relating to the establishment and subsequent sale of Gulf Steels Mills Ltd was already available with you, but for one document, i.e. a copy of a lease agreement.

4- As such there is no question of my client having failed to produce any record/documents/material during his appearance before you, nor can he in any manner be blamed for it as you have unjustly and unfairly done in your summons dated 16.05.2017. 

5- As regards your desire for my client to appear before you on 17.05.2017 at 1100 hrs along with all relevant record/documents/material for recording of statement/examination by the JIT, the fact of the matter is that when my client appeared on 17.05.2017 at 1100 hrs, only two members of the JIT were present. while none of the members asked for any document from my client other than a lease agreement (which incidentally is already produced before the hon'ble Supreme Court of Pakistan and forms part of the record already available with the JIT), and even no statement of my client was recorded by the JIT, although this was mentioned as one of the essential reasons for my client to appear before you again on 17.05.2017 at 1100hrs.  

For all the foregoing reasons, you are advised that the contents of your notice dated 16.05.2017 as well as the advice given in para 3 thereof (that failure to comply with this summons may entail penal consequences as per relevant laws) have no legal or factual justification. As a matter of fact, during the entire interrogation of my client on 16.05.2017, which commenced at 10 am and continued till 11:45 am at night, one of the members of the JIT was continuously intimidating, browbeating and harassing him, while another member of the JIT suggested to him in a threatening tone that he should withdraw his affidavit otherwise he might have to face penal consequences, and the issuance of the follow-up summons dated 16.05.2017 appears to be no more than yet another attempt on the part of the members of the JIT to unnecessarily intimidate, browbeat and harass my client.  

This response to the manner in which the interrogation of my client was conducted on 16.05.2017 and the unfair and unjust comments made in the follow-up summons dated 16.05.2017, handed over to my client at the conclusion of the interrogation, is being forwarded to you with the request that in the interest of justice, equity and fair play, this may be made part of the record on behalf of my client for future reference, if any.