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Saif adopted a sham process for Swiss cases, Federation tells SC
ISLAMABAD: The Federation in its concise statement submitted on Thursday to a larger bench of the Supreme Court has said that the process adopted by Saif ur Rehman, the then chief Ehtesab Commissioner, over Swiss cases was blatantly illegal, fraudulent and unconscionable.He initiated a sham process for his nefarious designs and to achieve political objectives, says a 13-page document submitted to a five-member larger bench headed by Justice Nasir ul Mulk.
The statement says that it is unthinkable that such a procedure can be used as a precedent in matters of international relations between two sovereign nations.
Saif transgressed all limits of law as enshrined in Ehtasab Act as well as Rules of Business 1973, it adds.
Elaborating certain facts on Swiss cases, it says that under the Ehtesab Act, 1997, neither the chief Ehtesab Commissioner nor the chairman of the Estesab Cell had any authority to seek foreign legal assistance as already explained in the interim report of former Law secretary.
It says that senator Saif ur Rehman, the then chief Ehtesab Commissioner,had directly met Beat Frey, in Federal Police office Switzerland and handed over documents for assistance, a process which required prime minister's approval and the cabinet in terms of Article 90.
It cites a case of High Court of Sindh as reported in PLD 1999 Karachi 93 which also held that former attorney general did not produce concrete evidence or document authorizing him to initiate the process.
In response to a request of Beat Frey over certain requirements, Saif ur Rehman resorted to gross misrepresentation when he wrote in his letter dated 08.09.1997 as "At least 200 cases of corruption were cited in reference before the Supreme Court of Pakistan against Asif Ali Zardari and Ms Benazir Bhutto. The same cases are of criminal negligence and are about to reach their logical conclusions in the ordinary courts of law."
It appears that he purportedly acted on behalf of the then government when he observed as follows in the same letter:-
"I shall be coming over personally soon to extend the thanks of the Government of Pakistan to the Government of Switzerland for their co-operation and prompt action."
The statement says that Swiss officials were insisting that the request should be made by an officer authorized to launch prosecution against accused persons.
But the latter written on 20.09.1997 on the official letterheads of the then Attorney General late Ch. Muhammad Farooq, was signed by one Hassan Waseem Afzal, joint secretary, who was also serving as staff officer to the said Saif ur Rehman.
"Apart from committing the said act of misrepresentation, the personal venom and vengeance motivating Saif ur Rehman and company would be manifestly clear from letter dated 10.10.1997 wherein he proposed to give a complete list of accused persons and mentioned name of Shaheed Quaid e Awam Zulfiqr Ali Bhutto at serial no: 5.," it says.
Needless to say that this was done 18 years after his martyrdom and at the same time Saifur Rehman thanked the Swiss authorities on behalf of government of Pakistan, it adds.
The statement further says that the documentary proofs between Saif, Swiss lawyers and Investigating Magistrate Daniel Devaud were very revealing in which Judge Devaud had pointed out that due to importance of the case he could not afford to pronounce indictments as he did not feel confident that they would lead to convictions.
These suspended sentences of 30.07.2003 were set aside vide order dated 04. 11.2003 of the Misdemeanor Court Bench No: 3. The matter was referred to AG Geneva, who after due process closed the cases after founding them not fit for trial in a court.
It will be pertinent to point out that so far as the mutual assistance was concerned it stood completed.
During course of trial which was also declared having been vitiated because of judicial bias and inadmissable evidence by the Supreme Court in PLD 2001 SC 568.
The Supreme Court had inter alia observed at para 39, "The manner of
appointment of Commission and the Commission having proceeded to Geneva and the steps taken by it in Geneva show a mysterious hidden hand behind it."The Supreme Court also observed in para 45 "we are convinced that the trial in this case was not fair and on account of bias of the Estesab Bench....the trial......stand vitiated."
It says that perusal of the judgement reported in the said case will be sufficient to explode the myth of alleged US$60 million.
It says that Swiss authorities were also confused over competent authority issue for launching prosecution as evident from the observation of Investigating Magistrate Vincent wherein he held that NAB has judicial powers and described it as 'prosecuting judiciary authority.'
Courtesy www.Geo.tv