Money-laundering probe: Shift Anwar Majeed to PIMS, his son to Adiala Jail, orders CJP

LAHORE: The Supreme Court (SC) on Saturday ordered shifting the imprisoned Omni Group Chairman Anwar Majeed, his son Abdul Ghani Majeed and former Pakistan Stock Exchange chairman and Summit Bank Vice-Chairman Hussain Lawai from Karachi to Islamabad.

Anwar, his son and Lawai are three of the several accused in custody, in connection with the probe into the alleged money-laundering of billions of rupees (estimated at Rs54 billion) through fake bank accounts. A two-member SC bench, headed by Chief Justice Mian Saqib Nisar, took up the case at apex court’s Lahore registry. Justice Ijazul Ahsan was the other judge on the bench.

The chief justice ordered that Anwar Majeed should be shifted to Pakistan Institute of Medical Sciences (PIMS) hospital in Islamabad and Abdul Ghani Majeed and Hussain Lawai to Adiala jail. The CJP remarked that independent investigation is not possible in Karachi as the accused are in power over there and very influential people. He remarked that they should be shifted to Islamabad so an independent investigation could be conducted. “After the investigation is complete, we will see whether they should be shifted back to Karachi,” he added.

Earlier, the Joint Investigation Team (JIT), formed to probe the case, requested the court to shift the suspects from Karachi so they could question them. However, Anwar Majeed’s counsel vehemently opposed the move. The CJ Mian Saqib Nisar asked Anwar's counsel: "Why do you say this again and again that Anwar Majeed and others should not be shifted from Karachi to anywhere else?" Justice Ijazul Ahsan commented that counsel’s insistence and persistence indicates that there are certain motives behind the case being heard in Karachi.

The top judge turned down the objection and said the accused have influence in Karachi, which will affect the JIT's working as well as the court proceedings. The chief justice also directed the JIT to complete the investigation and furnish its report in 10 days. The CJ added that Majeed should be taken to Islamabad in an air-ambulance if his condition does not allow normal air travel. Majeed had failed to appear in the court earlier this week as his lawyer presented a medical certificate, claiming his client was ill and could not attend the hearing.

Later, Federal Investigation Agency (FIA) Director General Bashir Memon complained to the court about Majeed’s non-cooperation in the investigation. In response, the top judge said: “The joint investigation team (JIT) probing the case has been given full authority to conduct the investigation and needs to find out how money earned through kickbacks was whitened.” Presenting his case, the defence counsel said the Omni Group owes Rs1.2 billion to Silk Bank, Rs1.8 billion to Summit Bank, Rs4.98 billion to National Bank of Pakistan (NBP) and Rs4.6 billion to Sindh Bank, which will be paid in the form of cash and property. Justice Nisar warned the counsel that "legal action will be taken if payments are not made by the decided-upon dates". The banks have filed criminal applications under Section 201(a) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, seeking action against the CEOs/directors of sugar mills that are allegedly owned by the Omni Group, accusing them of pilferage of the sugar stocks, pledged against the bank loans acquired by them. Majeed’s lawyer told the court that three banks have accepted the offer for payment of loan in exchange for properties; however, the NBP is still reluctant, he added. “The Omni Group is willing to return the National Bank loan in installments,” he said.

In response, the chief justice observed that the court did not have any objection to the settlement, but it will not ask the bank to accept the deal. At this point, NBP’s counsel Naeem Bukhari said that the group must make all the payments in cash as they have stolen the sugar stock pledged with the bank. An NBP representative also insisted on payment of the loan in cash with a demand for strict adherence to timeline offered by the group. The chief justice remarked that the banks could get a criminal case registered against the group's management if the conditions are not fulfilled then the proceedings will start, he added.

The representative further submitted that the properties offered by the Omni Group should be pledged to the bank as mortgage and the sale proceeds should take place with the permission of the bank. “The National Bank will receive all the cash obtained from the sale and would distribute among the banks as per the loan percentage,” he proposed, adding the bank would act as security agent and lead bank in the process. To this, the chief justice observed that all banks should finalise an intra-bank agreement for recovery of their loans and submit the same, adding the National Bank would be the lead bank. As the hearing proceeded, Memon told the court that the Omni Group is quoting inflated prices that are higher than the market value. Then, the top judge ordered that heads of all banks should present affidavits on property prices in the court, adding the court will take action if payments are not cleared by then.

Towards the end of hearing, a counsel for the missing persons told the court that two witnesses, who appeared before the JIT in connection with the case, have gone missing. Justice Nisar remarked: “The Sindh chief minister or his boss should be informed and they should recover them. Do you understand what I am saying?” The case was initially registered in 2015 against former Pakistan Stock Exchange chairman Hussain Lawai, who is widely believed to be close to former president Asif Ali Zardari.