01:41
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ISLAMABAD: Though the government has formally approached the Swiss authorities about the corruption cases closed following the 2007 NRO, there has been no
initiative taken by any authority on the revival of corruption cases that were disposed of in other countries like Britain and Spain. More than one top govt personality is involved in these cases.
Sources in NAB said that the corruption cases, like in London and Mardid, were closed without invoking the NRO but following the then chairman NAB’s instructions to get the accused off the hook.
These sources said that references for corruption cases were also moved to the Law and Justice Department of the US and the Dubai authorities by NAB for initiating investigations and court cases against the accused in these two countries.
These requests, it is said, have not been pursued since early 2007 when the then dictator General Pervez Musharraf had struck a deal with the slain PPP Chairperson Benazir Bhutto. As a consequence of the same deal, the special cell in NAB that was pursuing these corruption cases in foreign lands was abolished.
In its NRO decision, the Supreme Court of Pakistan had sought the re-opening of all the corruption cases in different foreign countries including Switzerland but it all ended with the recent writing of a letter to the Swiss authorities.
In para 178 of the NRO, the SC had said, “Since the NRO, 2007 stands declared void ab Const.P.76/2007, etc. 253 initio, therefore, any actions taken or suffered under the said law are also non est in law and since the communications addressed by Malik Muhammad Qayyum to various foreign fora/ authorities/courts withdrawing the requests earlier made by the Government of Pakistan for mutual legal assistance; surrendering the status of civil party; abandoning the claims to the allegedly laundered moneys lying in foreign countries including Switzerland, have also been declared by us to be unauthorised and illegal communications and consequently of no legal effect, therefore, it is declared that the initial requests for mutual legal assistance; securing the status of civil party and the claims lodged to the allegedly laundered moneys lying in foreign countries including Switzerland are declared never to have been withdrawn. Therefore the Federal Government and other concerned authorities are ordered to take immediate steps to seek revival of the said requests, claims and status.”
When approached Malik Qayyum told The News that he had only written a letter to the Swiss authorities whereas he was not involved in regard to the corruption cases pending before the London and Madrid courts.
Malik Qayyum endorsed that the SC in its NRO judgment had talked about the re-opening of cases in foreign countries.
Qayyum said that the then Prosecutor General Danishwar Malik should be aware of the fate of the corruption cases in London and Madrid. Sources in NAB, however, said that Danishwar Malik was not even given access by NAB to these cases.
It is said that once the Supreme Court had even asked Danishwar Malik about the corruption cases in foreign countries other than Switzerland following which he had sought the details from then chairman NAB, who had informed his prosecutor general that the corruption cases in London and Madrid were disposed of without invoking the NRO.
The NAB sources say that since the other corruption cases in London and the Oil for Food Programme case in Madrid were not closed because of the letter of the Attorney General so they do not fall in the purview of the SC’s order.
One of these sources said that the Madrid corruption case concerning Oil for Food programme became redundant even before the promulgation of NRO. The then NAB chairman had withdrawn Pakistan as a civil party in the case, which led to the closure of the case. The said withdrawal was part of the pre-NRO conditionalities agreed between General Musharraf and Benazir Bhutto.
Regarding the case in Britain which despite maturing also met the same fate as the then NAB Chairman after the NRO promulgation had withdrawn from this case as a civil party without the involvement of Attorney General’s letter.
For the re-opening of London and Spain cases, the NAB chairman would be required to proceed and withdraw earlier orders that led to the closure of these cases.
initiative taken by any authority on the revival of corruption cases that were disposed of in other countries like Britain and Spain. More than one top govt personality is involved in these cases.
Sources in NAB said that the corruption cases, like in London and Mardid, were closed without invoking the NRO but following the then chairman NAB’s instructions to get the accused off the hook.
These sources said that references for corruption cases were also moved to the Law and Justice Department of the US and the Dubai authorities by NAB for initiating investigations and court cases against the accused in these two countries.
These requests, it is said, have not been pursued since early 2007 when the then dictator General Pervez Musharraf had struck a deal with the slain PPP Chairperson Benazir Bhutto. As a consequence of the same deal, the special cell in NAB that was pursuing these corruption cases in foreign lands was abolished.
In its NRO decision, the Supreme Court of Pakistan had sought the re-opening of all the corruption cases in different foreign countries including Switzerland but it all ended with the recent writing of a letter to the Swiss authorities.
In para 178 of the NRO, the SC had said, “Since the NRO, 2007 stands declared void ab Const.P.76/2007, etc. 253 initio, therefore, any actions taken or suffered under the said law are also non est in law and since the communications addressed by Malik Muhammad Qayyum to various foreign fora/ authorities/courts withdrawing the requests earlier made by the Government of Pakistan for mutual legal assistance; surrendering the status of civil party; abandoning the claims to the allegedly laundered moneys lying in foreign countries including Switzerland, have also been declared by us to be unauthorised and illegal communications and consequently of no legal effect, therefore, it is declared that the initial requests for mutual legal assistance; securing the status of civil party and the claims lodged to the allegedly laundered moneys lying in foreign countries including Switzerland are declared never to have been withdrawn. Therefore the Federal Government and other concerned authorities are ordered to take immediate steps to seek revival of the said requests, claims and status.”
When approached Malik Qayyum told The News that he had only written a letter to the Swiss authorities whereas he was not involved in regard to the corruption cases pending before the London and Madrid courts.
Malik Qayyum endorsed that the SC in its NRO judgment had talked about the re-opening of cases in foreign countries.
Qayyum said that the then Prosecutor General Danishwar Malik should be aware of the fate of the corruption cases in London and Madrid. Sources in NAB, however, said that Danishwar Malik was not even given access by NAB to these cases.
It is said that once the Supreme Court had even asked Danishwar Malik about the corruption cases in foreign countries other than Switzerland following which he had sought the details from then chairman NAB, who had informed his prosecutor general that the corruption cases in London and Madrid were disposed of without invoking the NRO.
The NAB sources say that since the other corruption cases in London and the Oil for Food Programme case in Madrid were not closed because of the letter of the Attorney General so they do not fall in the purview of the SC’s order.
One of these sources said that the Madrid corruption case concerning Oil for Food programme became redundant even before the promulgation of NRO. The then NAB chairman had withdrawn Pakistan as a civil party in the case, which led to the closure of the case. The said withdrawal was part of the pre-NRO conditionalities agreed between General Musharraf and Benazir Bhutto.
Regarding the case in Britain which despite maturing also met the same fate as the then NAB Chairman after the NRO promulgation had withdrawn from this case as a civil party without the involvement of Attorney General’s letter.
For the re-opening of London and Spain cases, the NAB chairman would be required to proceed and withdraw earlier orders that led to the closure of these cases.
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