KARACHI: The Sindh High Court on Wednesday restrained the Federal Investigation Agency from arresting Makhdoom Amin Fahim, a former commerce minister and central leader of the Pakistan Peoples Party, in any fresh case to be made out of an inquiry into a multi-billion-rupee scandal in the Trade Development Authority of Pakistan.
A two-judge bench headed by Justice Muhammad Ali Mazhar also directed the FIA’s investigation officer to appear in court with relevant record and inform it if the former minister was nominated in further FIRs.
The bench that included Justice Shahnawaz Tariq was seized with the hearing of a constitutional petition filed on behalf of the Makhdoom who impleaded the FIA’s director general and director of the Crime Circle and interior secretary as respondents.
The petitioner’s counsel, Advocate Farooq H. Naek, told the judges that the FIA had lodged 12 FIRs under Sections 409, 420, 468, 471, 109 read with Section 5 (2) of the Prevention of Corruption Act, 1947, and Section 3 / 4 of the Money Laundering Act-VII, 2010 at the FIA’s Crime Circle, Karachi.
The counsel argued that the petitioner was initially not nominated in the FIRs, but the FIA implicated him in the final charge-sheets.
He stated that all the FIRs were an outcome and offshoot of inquiry No 38/12 initiated to investigate the allegation of huge fraudulent misappropriation/ embezzlement of government funds under the garb of 25 per cent Freight Subsidy announced by the federal commerce ministry under the Trade Policy 2002-2003.
Advocate Naek said the SHC had already granted protective bail to the petitioner on June 25 which was valid till July 10 and the petitioner would surrender before the trial court on Thursday (July 10) for further proceedings.
Related: Amin Fahim gets protective bail in TDAP scam case
He said the instant petition was filed on the apprehension that his client would be implicated in more cases under the same inquiry.
The counsel further submitted that the petitioner was not involved in any of the case of fraud or money laundering but he had been implicated due to political victimisation.
Advocate Naek said the former commerce minister had no role in the verification of the claims submitted by the exporters/ beneficiaries. He said as per the settled practice under the public notice if there were any problems with verification of the claims, the auditors and the commercial banks would endorse such claims with the title ‘doubtful claim’.
He said that the petitioner did not have the power to approve or sanction the Export Development Fund other than the EDF Board.
The counsel said the former commerce minister had not approved or sanctioned the disbursement of funds to any individual or beneficiary.
He said Makhdoom Amin Fahim left the country in March for follow-up medical treatment and checkups with regard to a tumour surgery he had undergone in February in Mainz, Germany.
Advocate Naek said in response to the FIA’s notice he had sent a letter informing it that Mr Fahim was awaiting an invasive procedure of post-operation treatment abroad and he was unable to travel.
He said the only allegation against the petitioner in all 12 charge-sheets was with regard to transfer and posting of Farhan Ahmed Junejo, now absconding, and no efforts were made by the FIA to track down and arrest him.
The counsel requested the court to direct the respondents to lodge all FIRS that they intended to lodge against the petitioner within three days.
He also asked the court to direct the FIA to file charge sheets in all cases before the trial court.
The counsel further asked the court to direct the respondent FIA officials not to cause any further harassment to the petitioner or his family members and restrain it from arresting him in any subsequent FIR.
He also requested the court to direct the FIA to not register any more FIR against Makhdoom Fahim without prior permission of the court.
Earlier, the central anti-corruption court on June 2 granted bail to former prime minister Yousuf Raza Gilani in 12 different cases made out of the TDAP scam.
Also read: Amin Fahim’s younger brother laid to rest
The cases against the two PPP leaders, some former and serving senior officials of the TDAP and others were registered by the FIA for their alleged involvement in approving and disbursing fraudulent trade subsidies of millions of rupees to several fake companies through fictitious claims and backdated cheques.
Former deputy secretary to the Prime Minister’s Secretariat Mohammad Zubair, Farhan Junejo, Faisal Siddique, Mehr Haroon Rasheed, Mian Tariq, Zafar Hussain, Noman Siddiqui, Syed Mohibullah Shah and others were shown as absconders in the charge sheet.
Published in Dawn, July 10th, 2014