Bhai sahab ! Yeh patwaran mohtarma idher theek keh rahi hain. Yeh court order nahin hay balkey Naeem Bukhari ka rebuttal hay.
Court order sirf akhri 4 pages ka hay. Page 546 to page 549! Uss mein Maryam Safdar (defendant number 6) ka naam kaheen nahin hay.
Behtar hay keh yeh thread close kar dein. Aur dunay mein 3 cheezon per kabhi aitbar na karein. Saanp, Nawaz Sharif aur Asad Kharral.
Page 546
ORDER OF THE COURT
By a majority of 3 to 2 (Asif Saeed Khan Khosa and GulzarAhmed, JJ) dissenting, who have given separate declarations anddirections, we hold that the questions how did Gulf Steel Mill comeinto being; what led to its sale; what happened to its liabilities;where did its sale proceeds end up; how did they reach Jeddah,Qatar and the U.K.; whether respondents No. 7 and 8 in view of theirtender ages had the means in the early nineties to possess andpurchase the flats; whether sudden appearance of the letters ofHamad Bin Jassim Bin Jaber Al-Thani is a myth or a reality; howbearer shares crystallized into the flats; who, in fact, is the real andbeneficial owner of M/s Nielsen Enterprises Limited and NescollLimited, how did Hill Metal Establishment come into existence;where did the money for Flagship Investment Limited and othercompanies set up/taken over by respondent No. 8 come from, andwhere did the Working Capital for such companies come from andwhere do the huge sums running into millions gifted by respondentNo. 7 to respondent No. 1 drop in from, which go to the heart of thematter and need to be answered. Therefore, a thoroughinvestigation in this behalf is required.
Page 547
2. In normal circumstances, such exercise could beconducted by the NAB but when its Chairman appears to beindifferent and even unwilling to perform his part, we areconstrained to look elsewhere and therefore, constitute a JointInvestigation Team (JIT) comprising of the following members :ii) a senior Officer of the Federal InvestigationAgency (FIA), not below the rank ofAdditional Director General who shall headthe team having firsthand experience ofinvestigation of white collar crime andrelated matters;ii) a representative of the NationalAccountability Bureau (NAB);iii) a nominee of the Security & ExchangeCommission of Pakistan (SECP) familiar withthe issues of money laundering and whitecollar crimes;iv) a nominee of the State Bank of Pakistan(SBP);v) a seasoned Officer of Inter ServicesIntelligence (ISI) nominated by its DirectorGeneral; andvi) a seasoned Officer of Military Intelligence(M.I.) nominated by its Director General.3. The Heads of the aforesaid departments/ institutionsshall recommend the names of their nominees for the JIT withinseven days from today which shall be placed before us inchambers for nomination and approval. The JIT shall investigate thecase and collect evidence, if any, showing that respondent No. 1 orany of his dependents or benamidars owns, possesses or hasacquired assets or any interest therein disproportionate to his known
Page 548
means of income. Respondents No. 1, 7 and 8 are directed toappear and associate themselves with the JIT as and whenrequired. The JIT may also examine the evidence and material, ifany, already available with the FIA and NAB relating to or havingany nexus with the possession or acquisition of the aforesaid flats orany other assets or pecuniary resources and their origin. The JIT shallsubmit its periodical reports every two weeks before a Bench of thisCourt constituted in this behalf. The JIT shall complete theinvestigation and submit its final report before the said Bench withina period of sixty days from the date of its constitution. The Benchthereupon may pass appropriate orders in exercise of its powersunder Articles 184(3), 187(2) and 190 of the Constitution including anorder for filing a reference against respondent No. 1 and any otherperson having nexus with the crime if justified on the basis of thematerial thus brought on the record before it.4. It is further held that upon receipt of the reports,periodic or final of the JIT, as the case may be, the matter ofdisqualification of respondent No. 1 shall be considered. If foundnecessary for passing an appropriate order in this behalf,respondent No. 1 or any other person may be summoned andexamined.5. We would request the Honble Chief Justice toconstitute a Special Bench to ensure implementation of this
Page 549
judgment so that the investigation into the allegations may not beleft in a blind alley.