Remove Bilawal’s name from ECL, JIT report: SC

ISLAMABAD: The Supreme Court (SC) on Monday directed the National Accountability Bureau (NAB) to investigate again the money-laundering and fake accounts case against politicians and Sindh-based business groups.

A two-member SC bench comprising Chief Justice Mian Saqib Nisar and Justice Ijazul Ahsen resumed hearing regarding an investigation into the fake transactions worth billions conducted through several mainstream banks via ‘benami’ accounts.

The apex court directed the authorities concerned to remove the names of PPP Chairman Bilawal Bhutto Zardari and Sindh Chief Minister Murad Ali Shah from the Exit Control List (ECL). The bench also ordered for removing the name of Bilawal Bhutto Zardari from the Joint Investigation Team (JIT) report.

The court, while referring the matter to the National Accountability Bureau (NAB), directed it to complete investigation in two months and file a reference if evidence is found. Chief Justice Mian Saqib Nisar, however, said that the court would continue the matter as the writ mandamus.

Former president Asif Ali Zardari, his sister Faryal Talpur and others are respondents in the case, being investigated by the FIA for using fake accounts and their alleged involvement in fraudulent bank transactions to the tune of Rs35 billion.

The FIA had been investigating a 2015 case pertaining to fake accounts and fictitious transactions conducted through 29 benami accounts in the Summit Bank, Sindh Bank and United Bank Limited (UBL).

On Sept 6, the apex court had constituted a six-member JIT to probe a money-laundering and fake accounts case. Headed by Ahsan Sadiq, Additional Director General (Economic Crime Wing), FIA Headquarters, Islamabad, the JIT had been given all powers relating to inquiries and investigations including those available in the Code of Criminal Procedure, 1908; National Accountability Ordinance, 1999; Federal Investigation Agency Act, 1974 and the Anti-Corruption Laws, etc.

On Dec 31, the court took a strong exception to the federal government placing the names of some 172 individuals including prominent politicians including Asif Ali Zardari, Murad Ali Shah on the ECL for their alleged involvement in money-laundering/ fake bank accounts case. The court had directed the federal government to review its decision and submit a reply stating if the names of 172 individuals, including Sindh Chief Minister Murad Ali Shah and other politicians, were put on the ECL on mere recommendations of the JIT.

Similarly, the court also took a strong exception to the JIT recommending the government to put the names of these people on the ECL with the observation that the probe bodywas not mandated to suggest the government before its final decision.

On Monday, CJP Mian Saqib Nisar questioned as to why the names of Bilawal Bhutto and Chief Minister Murad Ali Shah were placed on the ECL. Whether it was done for political point-scoring, asked the chief justice. The CJP said that the JIT would have to clarify as to why Bilawal was involved in the instant matter.

The chief justice asked on whose dictation, the name of Bilawal was implicated in the scam. The CJP said Bilawal Bhutto had just started his political career to complete the mission of his mother. He remarked that his father (Asif Zardari) and aunt (Faryal Talpur) might have any role in the businesses, but Bilawal had no role in it thus far.

The CJP observed that Sindh chief minister is on an important post, but his name was also put on the ECL. “Is it in the interest of the country that his name was placed on the ECL?” the CJ questioned.

Faisal Siddiqui, counsel for Federal Investigation Agency (FIA), however, informed the court that there are some 25 per cent shares of Mr Bilawal in a property at Park Lane, London, hence his name was put on the ECL.

Farooq H Naek and Latif Khosa, counsel for the PPP, alleged that it seems that they were being subjected to political victimisation. They further alleged that the JIT gave its findings in haste and its findings had no justification.

The CJP observed that the fake accounts appeared to be connected to politicians, Bahria Town and Omni Group. He said the court had yet to see whether the Omni Group had ties to politicians named in the JIT report, and if both were linked to the Bahria Town as well.

Munir Bhatti, Omni Group lawyer, denied the existence of a nexus between three different companies. The chief justice said that the findings of the JIT report could not be dismissed and the court had to examine the replies from the respondents. Bahria Town’s Zain Malik, Zardari, Talpur, Anwar and Abdul Ghani Majeed, and the Securities and Exchange Commission of Pakistan have all submitted their responses to the court.

Shahid Hamid, counsel for Anwar Majeed, submitted that instead of verifying the JIT report itself, the apex court should let the FIA determine its authenticity, since the latter had initially taken up the case.