Axact officials’ acquittal case: IHC told trial judge deviated principles of law of evidence

ISLAMABAD: During hearing of an appeal of the Federal Investigation Agency (FIA) against acquittal of the Axact officials, including its CEO Shoaib Sheikh, legal counsel for FIA Hamid Ali Shah submitted before the Islamabad High Court (IHC) that the trial judge, while acquitting the officials, deviated from the principles laid down in the law of evidence.

The trial judge, in his judgement, only said that the commission of crime not proved, but it did not submit details in this regard and only mentioned the statements of prosecution witnesses and some documents. There is no mention that under what law, the accused have been acquitted. Moreover, after the admission of trial judge’s receiving bribe, this case needs to be tried once again, advocate Shah further said.

Legal counsel for Axact officials, Raja Rizwan Abbasi, raised objection to the FIA’s hiring a private counsel. Justice Athar Minallah in the IHC division bench, however, said that it would decide this objection at proper time. Legal counsel for FIA said that Axact sells fake degrees and one of its vice presidents has been convicted by an American court, while here the arguments were on. However, the IHC bench put of in this matter till March 26.

The IHC bench was hearing an appeal of the FIA against acquittal of the 'Axact' officials. An additional session’s judge Pervezul Qadir Memon on October 31, 2016, had acquitted the officials of the fake degree scandal and later the judge on February 15, 2018, was sacked due to his admission of receiving Rs5 million bribe for acquitting the accused persons.

In the present appeal, the FIA, through its deputy director Cyber Crime Circle in February, 2017, contended against the acquittal of 27 officials of the Axact Company. The petitioner FIA has nominated Director/Chief Executive Officer (CEO) Axact, Shoaib Sheikh, his wife Ayesha Shoaib and 25 others as respondents.

The FIA, in its appeal, under Section 417 Criminal Procedure Code (CrPC), against the additional sessions judge, Islamabad, Pervaizul Qadir Memon’s judgement through which all the 27 persons were acquitted, maintained that the judgement was a result of misreading.

An FIR was lodged against all the respondents on June 7, 2015, under sections 419, 420, 468, 471, 473, 109/34 and section 4 of anti money laundering Act 2010.