ISLAMABAD - The Supreme Court Monday dismissed all the review petitions, except that of Moonis Elahi, in National Insurance Company Limited (NICL) scam case.
A three-judge bench headed by Justice Jawwad S Khawaja dismissed after hearing the petitions of Major (Retd) Habibullah Warriach, Mohsin Habib Warriach, Chairman National Accountability Bureau Qamar Zaman, Tax Ombudsman Abdul Rauf Chaudhry, Director FIA Waqar Haider and Agro Tractor.
The court said it had not declared anyone accused in the NICL judgement and this could be determined after transparent inquiry. However, prima facie the investment process in the NICL was non-transparent. The judgement had ruled that the transfer of Investigative Officer Zafar Qureshi affected the inquiry process and the accounts were frozen.
The court maintained that issue of observation against Qamar Zaman in NICL would be dealt in his contempt of court application.
Wasim Sajjad appeared on behalf of Moonis Elahi, Mohsin Habib Warriach and Habibullah Warriach. He prayed to the court to review NICL judgement regarding his clients. He said that the judgement declared his client accused, adding the Supreme Court observation would affect the trial court decision. The court said it only stated that the fraud was committed in the purchase of land and, therefore, the authority was directed to recover money and not to declare anyone as accused.
Justice Jawwad said in the judgement it had not given observation against anyone but said that prima facie fraud was committed in the NICL case and, therefore, NAB was ordered to inquire into the fraud. He said the NAB inquiry would determine what was the volume of corruption and who were responsible for it. "It is the NAB responsibility to inquire the matter and recover the money," he added.
Justice Gulzar Ahmed inquired where was the mistake in the NICL judgement, as the court only asked the competent authority to inquire about the fraud. Justice Athar Saeed said prima facie the fraud was committed as millions of rupees land was sold in hundreds and thousands of rupees.
Waseem Sajjad argued that the land was very expensive and now on it a five-star hotel is being constructed. When the court dismissed Mohsin Warriach's review petition Waseem Sajjad said the bench had not heard him. Justice Jawwad upon that asked him that they have heard him, but his stance was not valid. The court also dismissed the review petition of Habibullah Warriach.
Qamar Zaman's counsel prayed to the court to review the judgement regarding his client related to Ayaz Niazi appointment. He said his client was not the party in the case but observation was given against him. Justice Jawwad said his client had been appearing before the court in that case.
The case was adjourned till next week.
Meanwhile, a three-member bench headed by Chief Justice Tassaduq Hussain Jillani hearing irregularities in development project funds during the tenure of Raja Pervaiz Ashraf issued notice to auditor general Pakistan revenue (AGPR) office and directed the attorney general to file a review petition in accordance with the law.
Uzair Bhandari appearing on behalf of the Sui Northern Gas Company argued that according to the audit report of AGPR, PEPRA rules were not followed only in one development project.
Justice Sheikh Azmat Saeed remarked that the AGPR in its earlier reply had stated that there were irregularities in 43 development projects. He questioned whether the AGPR's response was based on lies.
The court observed that the attorney general office has filed a CMA and not the review petition, adding the AG office was also bound by the rules and regulations. The AG office was directed to submit the reply again in accordance with the rules. The court also directed the AGPR office to explain why there was difference between its early reply and the audit report.The hearing was adjourned till the first week of June.