Zardari, Faryal reject JIT report; submit reply in SC

ISLAMABAD: Former president Asif Ali Zardari and his sister Faryal Talpur denied all the claims made about Zardari Group in the Joint Investigation Team (JIT) report that was submitted before the Supreme Court in an ongoing case pertaining to alleged money laundering of billions of rupees through fake bank accounts.

They submitted in their reply in the Supreme Court that the final submissions for order sought by JIT/prayer from the Supreme Court as well as entire JIT report and executive summary may kindly be rejected. In their 17-pages reply submitted in the Supreme Court through their legal team on behalf of Zardari Group (Pvt) Ltd, Asif Ali Zardari and his sister Faryal Talpur stated that no wrongdoings have been done by the answering respondents and the JIT report and executive summary are based on surmises and conjectures and are outcome of political victimisation.

“The entire report and executive summary are based on misleading facts and without perusal of documents and without even affording a proper opportunity to the answering respondents to give appropriate reply which is violation of Article 10–A of the Constitution of Islamic Republic of Pakistan, 1973,” the reply stated.

That JIT Investigation Report No.1 to 27, innumerable documents and statement of witnesses recorded by JIT have not been supplied to the answering respondents and JIT be directed to provide the same including JIT report No 25. There cannot be fair trial without fair investigation which is paramount for due process of law.

The JIT report and executive summary have totally ignored replies/answers, justifications and defences given in reply to questions mentioned in questionnaires supplied to Zardari Group (Pvt.) Ltd., Mr. Asif Ali Zardari, Mr. Bilawal Bhutto Zardari and Mrs. Faryal Talpur with malafide intentions to make out a false, fabricated and concocted case against them.

The allegations mentioned in the report other than fake accounts by JIT were never communicated to the respondents for response. The said allegations are beyond the mandate given by Honourable Supreme Court to JIT. Thus the same are outcome of malicious intent with ulterior motives to malign, demean and defame the respondents and the same are strictly denied.

The reply stated that the allegations leveled in the JIT report and executive summary against are denied in toto as the same are without any lawful justification and outcome of malicious intent and ulterior motives. That allegations have been levelled in paragraph 26 of the Report that M/s. Park Lane Pvt. Ltd., has beneficial ownership of Mr. Asif Ali Zardari and Mr. Bilawal Bhutto Zardari, the same as stated in the JIT report is incorrect, the shareholding in M/s. Park Lane are as stated with the SECP and accordingly shares are held by them as per law.

It is further submitted that Mr. Bilawal Bhutto Zardari was made Shareholder of M/s. Park Lane on 31-8- 1989, when he was a minor.

The JIT through questionnaire raised questions regarding affairs of the company etc., which were answered but the same have been completely ignored by the JIT for the reasons best known to them. “Reply regarding usage of address of IBSC in the account opening forms of the alleged fake accounts contents of paragraph 8 infra may be treated as part and parcel of this paragraph for the sake of brevity and repetition. It is pertinent to mention here that probe into affairs of private limited companies including M/s. Park Lane fell outside the ambit of JIT constituted by this Hon’ble Court, accordingly this Hon’ble Court may be pleased to reject any findings/ opinion of the JIT falling outside the ambit/ purview of Order dated 05.09.2018 passed by this Hon’ble Court in the instant matter.”

That in paragraph 121 of the JIT report it is stated that ‘most of ‘Fake Entities (11)’ had International Business and Shopping Centre (IBSC) as their business address on their account opening forms. Moreover, fake accounts were found to be interacting with Zardari Group and M/s Park Lane.’ It is respectfully submitted that no names/title/account number of accounts opened having IBSC business address have been stated in the JIT report, only a statement has been given by the JIT without any documentary proof. Contents of the paragraph 121 are denied being false and fabricated. Be it so that the account opening form (s) address has been mentioned of IBSC, the same do not establish any link of these account with Zardari family and or Group. The contents of the paragraph 121 be rejected by this Hon’ble Court being false and fabricated. The role of Younis Kudwai has been discussed in a fabricated manner and surprisingly he has been falsely alleged as a front man of Mr. Asif Ali Zardari in the JIT report, the same is false and the allegation in the JIT report has been leveled for the sake of it, without any documentary evidence.

That the allegations leveled on members of Zardari Group in paragraph 121 to 130 are specifically denied being false and fabricated. It is submitted that allegation in the JIT report that M/s. Parthenon was merely a front company of M/s. Park Lane is incorrect as both M/s. Park Lane and M/s Parthenon are Private Limited Companies registered with Securities & Exchange Commission of Pakistan and have separate business interests, shareholders and directors, thus the statement of JIT is merely a fabricated story which they have concocted.

Members of Zardari Group have no interest whatsoever in M/s. Parthenon. It is pertinent to mention here that probe into affairs of Private Limited Companies including M/s. Parthenon fell outside the ambit/purview of JIT constituted by this Hon’ble Court, accordingly this Hon’ble Court may be pleased to reject any findings/opinion of the JIT falling outside the ambit/purview of Order dated 05.09.2018 passed by this Hon’ble Court in the instant matter.

That in paragraph 124 shareholding of M/s. Park Lane has been stated which shows Mr. Asif Ali Zardari as holding 25% shares and Mr. Bilawal Bhutto Zardari as holding 25% shares which is the actual position, allegation on Mr. Kudwai being frontman of Mr. Asif Ali Zardari in the JIT report is baseless and denied.

It is relevant to state here that Mr. Asif Ali Zardari as well as Mr. Bilawal Bhutto Zardari at all material times were not directors of M/s Park Lane. Neither Mr. Asif Ali Zardari nor Mr. Bilawal Bhutto Zardari was running day to day affairs of M/s Park Lane.

That the contents of paragraph 125 of the JIT report are false and fabricated and are denied. It is submitted that Ehteshab Reference No. 26/98 was decided in favour of Asif Ali Zardari and is now a past and a closed transaction.

That the allegations leveled against Mr. Asif Ali Zardari and Zardari family in paragraph 126 to 129 are vehemently denied being baseless and false. The story stated in the said paragraphs of the JIT report is concocted and shows malice of the JIT.

That the allegations leveled against Mrs. Faryal Talpur and Zardari family in paragraph 130 of the JIT Report are baseless and false, it is respectfully submitted that in the paragraph under reply it has been falsely stated regarding the proprietary influence of the Zardari family over NBP and Summit Bank, JIT has relied upon ANNEX-28 copy of the alleged letter from Muhammad Bilal Sheikh, President/CEO of Sindh Bank, to Mrs. Faryal Talpur. The letter was not been provided to Mrs. Faryal Talpur. The letter is denied having been received by the answering Zardari Group. The banks are independent banks being run independently through their boards. It is pertinent to mention here that probe into the affairs of banks fell outside the ambit/purview of JIT constituted by this Hon’ble Court, accordingly this Hon’ble Court may be pleased to reject any findings/opinion of the JIT falling outside the ambit/purview of Order dated 05.09.2018 passed by this Hon’ble Court in the instant matter.

That the contents of paragraphs 131 and 132 of JIT are baseless and denied, the JIT has maliciously recommended investigation against Mr. Asif Ali Zardari and Mr. Bilawal Bhutto Zardari and others. No evidence is available with the JIT to recommend even inquiry in the matter of M/s. Park Lane and M/s Parthenon and or against M/s. Zardari Group and Zardari family, the documents attached to the list of documents are fabricated and denied being baseless, malicious and fabricated and false. It is relevant to yet again point out here that findings/opinion stated in paragraph 131 and 132 fall outside the ambit of the instant court Order dated 05-09-2018 and accordingly this Hon’ble Court may be pleased to reject any findings/opinion of the JIT falling outside the ambit/ purview of Order dated 05.09.2018 passed by this Hon’ble Court in the instant matter.

That in paragraph 131 of the “JIT” it is stated that “the JIT is of the opinion that Mr. Asif Ali Zardari not only orchestrated this fraudulent misappropriation but is also the ultimate beneficiary ……” the said opinion of the JIT is based on assumptions and surmises and the statement as such has been made for the sake of it without any documentary evidence, thus this Hon’ble Court may be pleased to reject the said fabricated opinion of the JIT.

That the contents of paragraph 133 to 136 regarding building on Plot No. G-12, Clifton, Karachi and its baseless connection with Mr. Asif Ali Zardari is denied being fabricated, false and has no legal substance. It is pertinent to mention here that probe into affairs of Bakht Towers fell outside the ambit/purview of JIT constituted by this Hon’ble Court, accordingly this Hon’ble Court may be pleased to reject any findings/opinion of the JIT falling outside the ambit/purview of Order dated 05.09.2018 passed by this Hon’ble Court in the instant matter.

That the allegations of expenditure of allegedly laundered monies by Zardari family in paragraph 137 to 148 are vehemently denied. As far as payment of cement is concerned Mrs. Faryal Talpur as an answer to the questionnaire sent by the JIT to her denied payment by her for any cement for the construction of her house. Her version does not appear in the JIT report which shows malice on the part of the JIT.

In paragraph 140 allegations have been made against Mr. Asif Ali Zardari only because the JIT allegedly found a hard-disk in which reference can be found to “Baray Sahab” and JIT is of the view Mr. Asif Ali Zardari is Baray Sahab such baseless argument of JIT is denied being based on assumptions. Answers given by Mr. Asif Ali Zardari to the questionnaire sent by JIT to him are missing in the JIT report which again shows malice on the part of the JIT. The recommendations of JIT stated in paragraph 148 are baseless and denied and this Hon’ble Court may be pleased to dismiss the same being false and fabricated and based on assumptions, purposely ignored responses, justifications and defences.

That in paragraph 149 to 154 of the JIT report allegations against Mr. Asif Ali Zardari have been made regarding mis-declaration of two vehicles in his nomination papers which is incorrect and specifically denied, it is respectfully submitted that such investigation is not in line with mandate given to the JIT by this Hon’ble Court vide Order dated 05-9-2018 passed in this instant case. Therefore this Hon’ble Court may be pleased to reject any findings/opinion of the JIT falling outside the ambit/purview of Order dated 05.09.2018 passed by this Hon’ble Court in the instant matter.

That the contents of paragraph 155 to 163 of the JIT report are denied being merely allegations made to malign PPP leadership. Once again detailed answers given to the queries raised in the said paras were answered by the Zardari Group through answers to the questionnaire but yet again the answers given have not been mentioned in the report with malice on the part of JIT.

That the allegations leveled in paragraphs 164 to 167 and 172 are denied. In specific contents of paragraphs 165 to 167 about non-declaration of assets by Mr. Asif Ali Zardari are specifically and vehemently denied. It is once again stated that maliciously JIT has encroached jurisdiction and its mandate stated in Order dated 05-9-2018 passed by this Hon’ble Court, accordingly this Hon’ble Court may be pleased to reject any findings/opinion of the JIT falling outside the ambit/purview of Order dated 05.09.2018 passed by this Hon’ble Court in the instant matter. It is respectfully submitted that all assets belonging to Mr. Asif Ali Zardari are and were declared at all material times. It is strictly denied as alleged Mr. Asif Ali Zardari and Mrs. Faryal Talpur have been found involved in using laundered proceeds of crime from fake account.

That the JIT has manufactured a heading “7. Hyper Growth Of Bahria Town South, with the collusion of Sindh government and the kickbacks received by Mr. Asif Ali Zardari and Mrs. Faryal Talpur through ‘fake accounts’”, it is submitted that the heading has been manufactured in a way by the JIT to imply relation of Bahria Town with Sindh government and Zardari family, the contents of the heading 7 as stated are denied being fabricated, false and malicious. Answers provided to questionnaire and personal appearances, JIT maliciously ignored the same with malafide intent. It is relevant to state here that probe into affairs of Bahria Town South and Sindh Bank fell outside the ambit/purview of JIT constituted by this Hon’ble Court, accordingly this Hon’ble Court may be pleased to reject any findings/opinion of the JIT falling outside the ambit/purview of Order dated 05.09.2018 passed by this Hon’ble Court in the instant matter.

That the contents of paragraphs 178 to 185 as stated are false and fabricated and strictly denied. The attempt of JIT to link payments with Zardari Group is misconceived and unjust exercise of power. It is a story with no evidence. Recommendations for enquiry are uncalled for and illegal. The JIT has maliciously misrepresented Joint Venture Agreement and thus has tried to shift the burden on the Zardari family. Answers provided to questionnaire and personal appearances, JIT has maliciously ignored the same with malafide intent. Accordingly this Hon’ble Court may be pleased to reject any findings/opinion of the JIT falling outside its ambit/purview and mandate.

That the contents of paragraphs 186 to 204 are denied being misleading and fabricated. The allegations leveled therein against Mr. Asif Ali Zardari are specifically denied being false. JIT has wrongly stated nature of relationship of Mr. Asif Ali Zardari with Mr. Mushtaq Ahmed and Dr. Dinshaw. There is no evidence of wrongdoing on the part of Mr. Asif Ali Zardari. Galaxy Constructions (Pvt.) Ltd. was owner of the alleged properties many years before even Mr. Asif Ali Zardari became active in politics in 1987.

Thus JIT has manufactured the whole stance and has tried to draw a link between Mr. Asif Ali Zardari with Galaxy and in specific Mr Dinshaw and others maliciously. It is pertinent to mention here that probe into affairs of Private Limited Companies including M/s Galaxy falls outside the ambit/purview of JIT constituted by this Hon’ble Court, accordingly this Hon’ble Court may be pleased to reject any findings/opinion of the JIT falling outside the ambit/purview of Order dated 05.09.2018 passed by this Hon’ble Court in the instant matter.

That the contents of paragraphs 205 to 206 are denied, allegations mentioned therein against Zardari family are fabricated and false. No evidence of wrongdoing has even been arrayed by the JIT. It has only mentioned growth of agricultural land of Zardari family and has fabricated it with the alleged kickbacks which is untrue, and this Hon’ble Court may be pleased to reject the stance of the JIT in toto. Once again maliciously left out response to JIT with malafide intent. Also did not provide an opportunity to respond to certain allegations mentioned in the JIT report which is violation of Article 10-A of the Constitution. Moreover agricultural land holdings has nothing to do with mandate given by Hon’ble Supreme Court to JIT.

That the contents of paragraph 207 to 209 are denied being fabricated and false. It is stated that Mrs. Faryal Talpur has disclosed all assets belonging to her in her nomination form filed in 2018 and neither there is any mis-declaration and or non-declaration on her part. Paragraph 208 speaks about confidential documents and unless same are provided to the answering respondents, no reply can be given. However, if anything contained therein is against Zardari family the same are denied in toto. It has nothing to do with the mandate given by Hon’ble Supreme Court to JIT.

That the contents of paragraph 210 to 212 are denied being fabricated and false. Asif Ali Zardari has not been engaged in receiving any alleged kickbacks and such allegations have only been leveled against Mr. Zardari to malign him and to tarnish his reputation.

That the contents of paragraph 213 & 214 are denied being false and misleading. Asif Ali Zardari or his sister Mrs. Faryal Talpur has had no interest in the affairs of Sindh Bank and or National Bank. Allegation leveled in the para under reply are malicious and allegations therein have been made without understanding the basics of Banking Structure and laws applicable which mandates the Boards of the Bank to run them without any political influence. The letter of Sindh Bank is denied being fabricated and the same was never received by Mrs. Faryal Talpur.

The motive of JIT is to tarnish reputation of Zardari family and Sindh Bank. Yet again investigation of affairs of Sindh Bank falls outside ambit/purview of the JIT and accordingly the stance of the JIT regarding Sindh Bank be rejected in the interest of justice and equity.

That contents of paragraph 215 to 227 are denied being misleading. It is relevant to point out here that State Bank of Pakistan is responsible for the workings of Bank and the same never questioned working of Sindh Bank. As far as allegations against Zardari family are concerned same are denied being false and fabricated.

That the contents of paragraph 228 to 244 are denied being misleading and fabricated. It is submitted that Mr. Asif Ali Zardari has beneficial interests in only those properties and Group(s) of which he is a lawful owner/member and has declared the same with the institutions including FBR. Giving away or taking of subsidies is the function of government of Sindh and Mr Asif Ali Zardari has nothing to do with this. NAB enquiry/investigation and reference as recommended by JIT is uncalled for in the circumstances.

That the contents of paragraph 245 to 251 are denied being misleading and concocted. In paragraph 245 yet again JIT has tried to establish connection of one Nadeem Ahmed Khan with Mr. Asif Ali Zardari by stating that Nadeem Ahmed Khan was maintenance in-charge of IBSC thus connected with Mr. Asif Ali Zardari without realising that maintenance in-charge of buildings/residential and or office towers are generally elected by the occupants. The JIT has yet again fabricated a story for the sake of it without any factual basis. The recommendation of a NAB enquiry by the JIT is uncalled for in the circumstances.

That the contents of paragraph 293 and 294 are vehemently denied being false and fabricated. Mrs. Faryal Talpur has declared her all assets at all forums including FBR. The properties mentioned in the column 1 to 5 in para under reply do not belong to her. The said allegations were leveled earlier at different forums including before the learned Returning Officer PS-10 who after hearing the parties at length dismissed objections against Mrs. Faryal Talpur thereby accepting her nomination papers, the order passed by the learned Returning Officer PS-10 was assailed before the learned Appellate Election Appeals Tribunal. Whereupon hearing Appellate Tribunal was pleased to upheld the order passed by the learned Returning Officer PS-10.

That at all material times JIT was biased towards Zardari Group (Pvt) Ltd., Mr. Asif Ali Zardari and Mrs. Faryal Talpur and the JIT report as well as executive summary are completely baseless and allegations against PPP leadership have been leveled to malign them before the voters of their respective constituencies from where they stood elected in the general election held in 2018 and amongst party workers in specific and people of Pakistan in general.

That it was apparent from the proceedings of the JIT that it has been in collusion with the government that the end results were pre-determined and the investigation/probe was done in a manner so as to establish already pre-determined end results to falsely involve Zardari Group (Pvt) Ltd, Zardari family and Mrs. Faryal Talpur. This is proved by blatant manipulation by JIT who maliciously and purposely ignored responses, justifications and defences provided by Zardari Group and Zardari family and the leaking of details of JIT to media and government ministers in violation of Supreme Court orders. Mr. Bilawal Bhutto and Mrs. Faryal Talpur were never involved in the day to day affairs of the Zardari Group (Pvt) Ltd. at all material times.

That there are no lawful basis for the JIT to recommend enquiry/investigation and or reference before accountability courts. The only reason for such recommendation is to obtain a stamp of this August Supreme Court. Any such order passed by this Hon’ble Court would be in absolute violation of Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973 including the basic fundamental right of respondents to a fair trial and fair investigation.

That Zardari Group (Pvt) Ltd & Zardari family completely deny the allegations contained in the JIT report and executive summary and reserve their right to file and take complete defence if and when required in accordance with law.

That the JIT has worked as a tool for federal government so as to malign Mr. Asif Ali Zardari, Mr. Bilawal Bhutto Zardari and Mrs. Faryal Talpur and to tarnish reputation of PPP. In doing so the JIT has exceeded its mandate, it has encroached upon and exceeded its jurisdiction with malafide intent and with ulterior motives to give support to the ruling party viz. PTI.

That it is also pertinent to mention here and is respectfully brought to the notice of this august court that in utter violation of/in contempt of the orders passed by this Hon’ble Court, JIT with malicious intent to demean and defame the reputation of the respondents, deliberately provided false information to the media. This resulted in a vicious media trial aired at not only poisoning the minds of general public but also with the intent to deny the respondents a fair opportunity to defend themselves at different forums. Consequently veracity of the report has become doubtful and tainted which is further substantiated by the briefings given by the federal government ministers and advisers to the media/journalists.

That the instant reply is filed on behalf of M/s. Zardari Group, Mr. Asif Ali Zardari and Mrs. Faryal Talpur and accordingly relevant paragraph concerning each are answered here in above and not jointly answered by all three stated and accordingly the replies may be treated by this Hon’ble Court.