Zafar Hijazi case: Prosecution failed to prove allegations, says detailed verdict

ISLAMABAD: The Special Judge Central, Islamabad, has issued a detailed verdict of former SECP Chairman Zafar Hijazi’s acquittal in the Chaudhry Sugar Mills record tampering case.

The former Security and Exchange Commission of Pakistan (SECP) chairman, Zafar Hijazi, was accused of directing his subordinates in the regulatory body to backdate the closure of investigation into the Chaudhry Sugar Mills case.

The Federal Investigation Agency had submitted a report before the Supreme Court of Pakistan that Hijazi had verbally ordered SECP officials, Maheen Fatima and Ali Azeem Ikram, in the presence of Commissioner Tahir Mehmood to close the investigation. As a result of this report, the FIA registered a criminal case against the former SECP chairman and arrested him. Later, he was granted bail.

After almost six years of the registration of the case, the special judge central has acquitted him and issued a detailed verdict. The accused as per the documents is not a signatory of the whole matter, therefore, heavy duty rests on the shoulders of the prosecution to show that he pressured his subordinates for tampering the record.

“Admittedly Ali Azeem Ikram and Maheen Fatima prepared the final note in backdate regarding closure of inquiry, but the said officials are neither accused nor approver in the case, rather they are prosecution witnesses. Both the officials till date have not explained why they obeyed illegal orders of their boss and what kind of serious pressure was upon them which compelled them to prepare a backdated note,” the verdict says.

Similarly, the judgment adds that Ali Azeem Ikram, during the cross-examination, states that he along with Tahir Mehmood (ex-commissioner SECP) was convinced that there was no legal basis for writing letters to the UK authorities and accordingly a reply was prepared.

“He states that he genuinely believed that the act to be a correction in record and not tampering. He also states that he was having no mens rea at all at the time of signing the note. Maheen Fatima also admits during cross examination that no evidence was available to proceed with the case of Chaudhry Sugar Mills and for that very reason, the letter written to UK authorities was withdrawn,” says the verdict.

The judgment further reads that Miss Maheen Fatima admitted before the court that a note was prepared for the perusal of the accused (Zafar Hijazi) and in the said note this thing was mentioned that the case has been closed and UKCA has been informed through a letter.

“She further states that in the note placed before chairman/accused, this fact was not highlighted that without the report prepared u/s 269 of the Companies Ordinance 1984 the matter cannot be closed. The lady disclosed a material fact by stating that Ali Azeem Ikram and Abid Hussain told the Chairman that upon satisfactory responses, letters sent to UKCA were withdrawn and the matter was closed. Both the said witnesses were confronted with statements recorded during investigation and it appears that they were trying to suppress some facts,” the verdict says.

“Though both the said officials admit that the inquiry was closed but formal noting was not done and in order to set the record straight, the note was prepared subsequently under the pressure of accused facing trial but being responsible officers, they have failed to establish this thing that the accused influenced them for preparing the note in backdate. The case of the prosecution revolves around the backdated note, however from the statements of witnesses and record, it is clear that the accused was having no role at all in the issuance of said note. Hence the accused is acquitted u/s 265K CrPC,” reads the verdict.