They said that two of the legal heirs of Malik Allah Yar Khan are the Federal Minister for Women Development Sumaira Malik and Ayla Malik, Member National Assembly, and spouse of Yar Muhammad Rind Federal Minister for States and Frontier Regions (Safron).Other two co-accused in the case reportedly are Zia Pervez Hussain, son-in-law of Malik Allah Yar Khan, and Dr Munir Ahmad Khan, ex-Director of Cuxhaven Inc, Denmark/UK.
Sources said Ministry of Law and Justice had recommended on February 24, 2007 that the matter should be brought to the notice of Prime Minister and the case be vigorously pursued by National Accountability Bureau and filing a criminal civil suit.
The Law Ministry, which also criticised the NAB and Cabinet Division for not pursuing with full interest "as already observed, if one of the accused is dead, the other co-accused are available and they can be held responsible for defrauding the government".
According to Law Ministry, the case involves defrauding huge sum of $2.168 million and $1.1 million public money. The record shows that the case was not pursued properly and diligently. FIR No 1 of 1998 was registered with FIA State Bank Circle Rawalpindi on the complaint of Cabinet Division, but what happened to the investigation is not visible in the file, Law Ministry questioned.
The Public Accounts Committee of the National Assembly took cognisance of the case involving the purchase of five helicopters and, thorough investigation was made by the committee headed by Muhammad Barjees Tahir and two other members, namely Faridullah Jamali and Jamshaid Ali Shah.
The recommendations of the committee, obtained from the file, are as under:
6.1: FIR may be lodged against (1) Malik Allah Yar Khan of Kalabagh (2) Zia Pervez Hussain (3) Dr M.A. Khan and criminal proceedings be instituted against them defrauding the government.
6.2: The amount of $2.168 million be recovered from Malik Allah Yar Khan, Zia Pervez Hussain and Dr M.A. Khan by attaching their properties etc in Pakistan or abroad for this purpose. FIA may be directed to take steps to recover this money through Interpol, if necessary. Any banker or foreign national involved in this fraud may also be taken to task by the FIA.
6.3: As for Ms Benazir Bhutto, she is clearly responsible for this loss to exchequer as major decisions in respect of this contract were taken with her approval or direction and passed on to Cabinet Division through former PSPM (Ahmad Sadiq). FIR may be registered against her for causing loss to state by misuse of her authority as PM, and criminal proceedings be initiated.
6.4: Sardar Farooq Ahmed Khan Leghari knows that his name has visibly come up in this case. He has tried to plead innocent. It is unimaginable that those operating in this scandal could have easy access to the top bureaucrats like Cabinet Secretary, Principal Secretary to the Prime Minister and even to the Prime Minister herself without the backing and active support of the President. FIR against him must also be registered and criminal proceedings initiated.
6.5: As for the senior civil servants involved in the case, Ahmad Sadiq former PS PM, Humayun Faiz Rasul and Sahibzada Imtiaz former Cabinet Secretary, no action can be taken against them at this stage as they already stand retired/superannuated.
The record shows that the case was also referred to the National Accountability Bureau and it was declared to be abated because of the death of Malik Allah Yar Khan. The matter was not further pursued with the NAB.
The note of the Cabinet Division reflects helplessness. In fact, the FIR registered with the FIA should have been pursued because Malik Allah Yar Khan was not the sole accused. There were serious allegations against his son-in-law and other accomplices. Similarly when NAB had stated that the case has been abated because of the death of Malik Allah Yar Khan, it should have been represented before the NAB that the death of one of the accused does not abate the case against other accused.
The story as contained in the inquiry report of the subcommittee narrates the swindling of money by influential families of Pakistan. It is prima facie on record that son-in-law of Malik Allah Yar Khan was also equally involved in this scam. The criminal case against the accused could not be abated merely because of the death of one of the accused. No efforts were directed to pursue those cases and it can still be pursued.
Option of recovery by filing a civil suit though is one of the remedies but it would be pursued in the manner the criminal case has been pursued, it may not even conclude even in two decades. The query made in the letter is that if the person is dead whether any recovery can be made from him. Reply to this query is that if the person has left behind some estate, then a recovery from his estate through his legal heir can be made.
But as it appears from the record that there is no signature of late Malik Allah Yar on any document and that the Cabinet Division has already consumed more than (a) decade and the person who could be arrayed as witness would be available within another couple of year. Thus filing of a civil suit will be another eyewash.
The Law Ministry has proposed that the matter may be brought into the notice of Prime Minister and the case should be vigorously followed on the criminal side as well from the NAB and also by filling a civil suit.
However, NAB had advised that Cabinet Division may consider filling/pursuing a civil suit for recovery of amount due to Malik Allah Yar from his legal heirs in accordance with the law, as the criminal liability of accused (late) stands abated with his death in the case of corruption and corrupt practices in purchase of five helicopters.