SECP chairman guilty or framed?

ISLAMABAD: In the SECP tampering case, the official record reveals how the statements of its four officials were recorded again just to cover up the revelations made in an email retrieved during the probe. This move apparently spares the officials who actually tampered the record and fixes Chairman Zafarul Haq Hijazi.

A careful reading of the FIA report reflects that after the confiscation of Miss Maheen Fatima’s laptop on June 30, 2017 and revelation of her email to SECP Commissioner Tahir Mahmood, the FIA again called the SECP officials including Tahir Mahmood and Miss Maheen for recording supplementary statements just to cover-up the grey areas identified by FIA in Miss Maheen Fatima’s email.

Although the top four officials of SECP while recording their statements before the FIA claimed that the tampering in Chaudhry Sugar Mills record was done on the directions of Zafarul Haq Hijazi. Whereas, the email of Miss Maheen Fatima discovered later by the FIA during the forensic examination reveals that the backdate note was created by officials just to comply with the enforcement manuals of SECP Commission.

Miss Maheen, in an email to Tahir Mahmood sent 21 days before recording a supplementary statement against chairman, she stated, “In 2015, the SECP Commission implemented various enforcement manuals and as per the requirements of the manual, Abid Hussain pointed out that the closure note of the file was missing. Therefore, the note sheet was closed later on”.

It is pertinent to note that the said email sent by Maheen Fatima to Tahir Mahmood was actually supposed to be submitted to the SECP Commission which reflected the true affairs of how and why the backdating was committed. However the record available with The News reflects that Mr Tahir never brought this email into the knowledge of the commission. Apparently, in order to improve their case, the FIA recorded supplementary statements after five days to implicate the SECP chairman by covering-up this email which was basically a confession of SECP officials’ negligence.

A mere reading of the report reflects that FIA ignored the very basic evidence that it collected during forensic examination of the SECP’s officials’ laptop. In their statements before JIT as well as FIA, the SECP officials confessed that the backdated note was created within hours under extreme pressure and urgency after the June 26 meeting with the SECP chairman. However the forensic examination of the computers of SECP officials and the statement of Tariq Ahmed, Additional Director (Corporate Supervision Department) reveals that the backdated closure note of Chaudhry Sugar Mills was created on June 30, 2016 that was not “within hours” but after four days. Astonishingly the FIA knowingly or unknowingly ignored this material fact.

The official, who was responsible for creating this backdated note, had not pointed towards SECP chairman before the JIT for any such instruction. Instead she blamed Tahir Mahmood for exerting pressure during the examination of this case. 

However it is pertinent to note that FIA has conveniently left out Tahir Mahmood who, as a matter of fact, was the acting chairman and the commissioner in charge during 2013 at the time of withdrawal of the request to UKCA and halt of proceedings under section 263.

Tahir Mahmood in his statement before FIA has shown himself as completely disconnected from initiation till closure of this case. However, all the other SECP officials in their statements before JIT as well as FIA have clearly confirmed his involvement and specifically Ms Maheen Fatima who has blamed Mr Tahir for pressurising her to initiate, pursue as well as close the case. In her statement to FIA, Ms Maheen also alleged that she was not only under pressure by the chairman but also from Mr Tahir and Mr Abid yet the FIA only implicated the chairman.

A careful reading of Ms Maheen Fatima’s statement before JIT reflects that Mr Tahir was fully involved in opening, pursuing and closing of the case. In her statement before JIT, she also stated that investigation of this particular case was conducted by Tahir Mahmood who was Commissioner in charge at that time. He exerted pressure to write the letters and gave directions to call off the investigation.

Similarly, Ali Azeem in his statement before FIA (page 13 of the FIA report) also mentioned about Mr Tahir’s involvement. Ali Azeem, Ms Maheen Fatima and Mr Abid have also stated that the closure of the file was reported to Tahir Mahmood.

Similarly, Mr Abid while recording his statement before JIT stated that Mr Tahir asked him to prepare a brief of the case for the chairman. He also said that he took the brief to Mr Tahir who after making certain amendments approved the brief and asked to hand it over to Mr Hijazi. Whereas, Ms Maheen in her statement before the FIA (Page 20 of the FIA report) has also stated that she had informed the Commissioner Mr Tahir on May 23, 2016 and May 25, 2016 when she received email from Moeed Sheikh inquiring the letter. On the contrary, Mr Tahir in his statement before FIA has shown himself completely disconnected from initiating and even closing of the case. He even stated that he hardly came across any document, he didn’t hear about this case for quite a long time and that the first meeting he attended on this issue was in chairman’s office i.e. 2016 (Page 9 of FIA report).

Interestingly, in her statement before JIT, Ms Maheen stated that Mr Hijazi pointed out that the matter was still open as it had not been closed on the noting portion of the file, or otherwise, as yet. Whereas, in her email dated June 14, 2016 (Page 66-67 of FIA report) to Tahir Mahmood, she stated that Abid Hussain pointed out that the closure note on the file was missing. Therefore the note sheet was closed later on (Page 67 of FIA report). The same has also been endorsed by Abid Hussain before JIT, however, not before FIA.

Mr Abid, while recording his statement before JIT, said that he was shown relevant pages of the file by Maheen Fatima and noted that the case was still under process and it was not closed before giving brief to the chairman. He claimed that he also objected to putting a backdate note. Interestingly, the same Mr Abid changed his statement before FIA (Page 11 of report) that he had no input to make in that meeting because he was not relevant to the case. On the contrary, Ms Maheen Fatima in her statement (Page 19 of FIA report) clearly stated that in first week of May 2016 i.e. almost two months before the backdated note was created, Mr Abid took the files from her as he was working on Panama information.

Before JIT and FIA, Abid Hussain has stated that files were handed back to him with backdate note entered (Page 11 of the FIA report). On the contrary, Ms Maheen Fatima has stated before FIA that she showed the note to Abid Hussain before signing the document. This means that the note was approved by Mr Abid before Miss Maheen signed the backdated note.

Interestingly, in her statement to JIT Ms Maheen Fatima blamed Tahir Mehmood for pressurising her to pursue and write letter to UKCA. In her statement before the FIA, she did not mentioning Tahir Mahmood but shifted the onus to Mr Ali Azeem.

The FIA also ignored an important statement of Shahid Javed who categorically stated that Miss Maheen and Ali Azeem directed him not to prepare the report. He also stated that he was directed by both these officials not to proceed further on the file.

Similarly, the FIA also ignored that the statement of Miss Maheen and Tariq Ahmed contradicted each other. Ms Maheen stated that she asked Tariq Ahmed to thoroughly review the response of the company and prepare the note (Page 19 of the FIA report). On the contrary, Mr Tariq in his statement before FIA stated that Miss Maheen herself narrated the contents of the note, the context of which was best known to her”.

The only evidence FIA has been able to collect to fix chairman Zafarul Haq is the contradictory statements of the SECP officials who were involved in creating the backdate note in one way or the other.