Fake accounts case: Omni Group requests SC to modify its order

ISLAMABAD: Omni Group Chairman Anwar Majeed and others on Wednesday requested the Supreme Court (SC) to modify its order passed on January 7, 2019 in the fake accounts case saying that there are some errors on the face of the said instant order.

Khwaja Anwar Majeed and Khwaja Abdul Ghani Majeed filed a review petition in the Supreme Court through their counsel Shahid Hamid under Article 188 of the Constitution praying to recall and modify its order passed on January 7, 2019 in fake accounts case.

The petitioner contended that all allegations are connected with Karachi and all witnesses live there as well therefore, the order of the apex court, directing the National Accountability Bureau (NAB) to file the reference in Islamabad is illegal.

Shahid Hamid submitted that the allegations against the petitioners were being investigated by the FIA and the agency lodged a FIR against the petitioners bearing # 4/2018 of FIA State Bank Circle Karachi under sections 419/420/468/471/109PPC read with section 5(2) PCA 1947 and sections 3 and 4 of AMLA 2010 on 06.07.2018.

He contended that the JIT was formed by this august court to assist the FIA in its inquiry and the JIT has completed the inquiry as directed.

“It is now for the FIA to take such further action as it deems fit on the basis of this report and the FIA is empowered under the FIA Act 1974 and the PCA 1947 and the AMLA 2010 to investigate and prosecute all the offences alleged against the petitioners and there is no lawful reason to transfer the investigation and prosecution to NAB”, Anwar Majeed submitted. He requested the apex court to recall the directions contained in paras 34 and 37 (i)(ii)(iii) of this august court’s order dated January 7, 2019. The petitioner further submitted that the FIA filed an interim challan against the petitioners and others on 21.07.2018 before the Special Judge (Banking), Karachi in FIR case #4/2018.

“The petitioners were arrested in this case on 15.08.2018. From the time of their arrest the petitioners have been requesting for the start and completion of their trial as is their vested fundamental right under Article 10-A of the Constitution”, Anwar Majeed submitted.

He contended that FIA has failed to file a final challan and caused the trial to linger on and on adding that this endless delay has caused untold torture and anguish to the petitioners who are both unwell, as established by numerous medical reports filed before this august court including the report of a team headed by the Surgeon-General of the Pakistan Army.

It is submitted with respect that this court’s order dated 07.01.2019 should contain a direction that the trial be completed by the Special Judge (Banking) without further delay and the petitioners set at liberty as the delay has been caused entirely due to FIA’s inability to investigate, the petitioner said.