ISLAMABAD  -   The Supreme Court on Wednesday ordered the removal of names of PPP Chairman Bilawal Bhutto Zardari and Sindh Chief Minister Syed Murad Ali Shah from the no-fly list for the time being.

Issuing the written verdict in the fake bank accounts case, the apex court, however, made it clear that this does not mean the National Accountability Bureau would not investigate their case further. Their names can be placed back on the ECL again if evidence is found, the court said.

The court also referred the matter of the alleged billions of rupees’ money laundering through fake bank accounts to the NAB.

On the recommendations of the JIT tasked with investigating the case, the federal cabinet had in its meeting on December 27 last decided to place the names of 172 individuals on the ECL, including Asif Ali Zardari, Bilawal Bhutto Zardari, Faryal Talpur, Murad Ali Shah and others.

Last week, Chief Justice of Pakistan Mian Saqib Nisar had grilled the state prosecutor over why the government had decided to place names of Bilawal and Sindh CM on the ECL based on JIT’s recommendation, ordering the cabinet to reconsider its “hasty decision”.

The government in response stated that it will review its decision after receiving the court’s written order.

The 24-page judgment authored by Justice Ijazul Ahsan and issued yesterday, however, clarified that this removal would not prevent the accountability watchdog to probe their cases further.

“And in case sufficient material is found connecting the said persons (Bilawal and Shah) with cognizable offences, it shall not be precluded from making an appropriate request to the Federal Government to place their names on the ECL or take any appropriate action provided by law,” the top court ruled.

The court directed the Joint Investigation Team (JIT), which probed alleged money laundering network, to immediately hand over its complete report along with all the material and evidence to NAB.

According to the judgment, all members of the JIT shall be associated with NAB for the purposes of assisting in any further probe, inquiry or investigation that NAB may consider necessary or appropriate to satisfy itself about the fulfilment of legal and procedural requirements and to complete the investigation in its entirety.

All cases which have not been concluded or in the opinion of the JIT require further probe shall remain within the jurisdiction of the JIT which shall continue its probe and investigation under the mandate granted by the top court and complete such investigation within a reasonable time whereafter its report together with all material and evidence collected shall be transmitted to NAB.

It said, NAB is further directed that if it considers expedient and appropriate to conduct any further or additional probe, inquiry or investigation involving the matters which are the subject of the report of the JIT from a point of view of determining the true facts, it shall be free to do so at Islamabad.

“However, such probe, inquiry or investigation shall be completed within a maximum period of two months. Thereafter, in case, cognizable offences are made out, the recommendations contained in paragraph 300 at page 124 of the Final (Synthesis) Report shall be acted upon and the requisite reference shall be filed in the concerned Accountability Court.”

The top court further directed the NAB chairman to designate a competent director general of NAB who shall ensure preparation and filing of references in a timely manner and follow them up till their final conclusions.

“Further, a team of competent and experienced investigators and prosecutors shall be constituted to prepare and prosecute the references and take them to their final conclusions,” the top court ruled.

The NAB shall also file periodic reports before the top court which shall be placed before an Implementation Bench to be constituted by the Chief Justice of Pakistan.

The top court in its judgment observed that a network of carefully structured fake accounts has been put in place and transactions have been undertaken through a process of layering designed to hide the real beneficiaries of the transactions.

“Further, it appears that a money laundering mechanism has been devised to legitimize funds whose source and legitimacy is highly questionable,” it is observed.

The top court is of the view that a case of National Accountability Ordinance (NAO) 1999 is prima facie made out after having gone through the reports and evidences, placed before it, and various aspects including violation of laws, receipt of bribes, kickbacks, misappropriation of public funds, misuse of authority, criminal breach of trust.

The JIT had also nominated Advocate Farooq H Naek, counsel for Asif Ali Zardari, Attorney General for Pakistan Anwar Mansoor Khan and his brother in the context of certain monetary transactions involving professional fee for services rendered.

“If that is the case, we direct that their cases may also be re-examined by NAB in light of material collected by the JIT,” the top court observed.

In case, it added, no cognizable offence is made out, their names may be removed from the report and ECL.

“Till such time that NAB concludes its inquiry/investigation no adverse action of any nature shall be taken against the said persons.”

It is however clarified that in case, on the basis of material and evidence already on record or subsequently discovered a cognizable offence is made out, NAB shall not be precluded from taking appropriate action against the said persons in accordance with law.

Subject to the directions and submission of reports by NAB, the top court disposed of the case. It however has clarified that the matter may be resurrected at any time on the application of any of the parties or at the discretion of the Implementation Bench.