On the request of the JIT counsel Faisal Siddiqui, the Chief Justice said the JIT be associated with the NAB for further inquiry. "We will keep monitoring this case," said the CJP. The apex court in the last hearing (December 31) had directed the federal cabinet to review the decision of placing 172 persons' names on the Exit Control List.
Chief Justice Mian Saqib Nisar, heading a three-member bench, inquired why the names of Bilawal Bhutto Zardari and Sindh CM Murad Ali Shah are included in the JIT report when they have no nexus with the case. "Bilawal is innocent and promoting the legacy of her mother," he said, adding the JIT also had no respect Murad Ali Shah either. "The JIT without associating and asking questions recommended that the Sindh CM's name be put on the ECL. Murad Ali is the chief minister of the second biggest province of Pakistan, he would not run away," the CJP said.
The Chief Justice said that they have directed on a number of occasions to preserve the dignity of the accused persons. "I have told to NAB chairman that you [he] too had held the highest judicial position and should know the respect of people."
The Chief Justice questioned whether the names of Bilawal and Murad were included in the report on the directions of someone to defame them or for political-scoring.
The JIT lawyer Faisal Siddiqui said that Bilawal was beneficiary of one of the companies. He said that the Omni Group's own documents disclose that fake accounts were opened. The Omni Group has not denied the transaction in the fake accounts, adding they only contended that it was not their money.
The Chief Justice said they would not comment upon it as it would prejudice the case of the parties. He said that the JIT report is not a baseless report as according to it, the respondents' own documents reflect that they have been taking amnesty.
The Chief Justice said they would not provide receipts that they have taken illegal gratification. They (Zardari and Omni Groups) have facilitated the contractors and utilised the amount deposited in fake accounts. The Chief Justice questioned why these people wanted a complete investigation.
Farooq Naek, representing former President Asif Ali Zardari and his sister Faryal Talpur, argued that there was no direct evidence against them. There was no wrongdoing on their part and allegations against them are indirect and presumptive. The JIT has not incorporated the replies of his clients in the report, he added.
Advocate Sardar Latif Khosa said that the federal ministers are defaming the opposition leaders and are using the JIT report as a political tool.
The Chief Justice said that they would never compromise on democracy and fundamental rights, adding democracy is the greatest blessing. "We have taken oath to protect fundamental rights. The oath is not the blessing but the commitment," the CJP added.
Latif Khosa said in the last hearing the court had directed the federal cabinet to hold a meeting and apply mind on placing 172 persons' names on ECL. He said the cabinet meeting was held but they did not comply with court's order.
The court also ordered the JIT to exclude name of Farooq H Naek from the report. The Chief Justice said if he (Naek) is representing Asif Zardari and Faryal Talpur then it does not mean he is also involved in this case.
The Counsel for Anver Majid and AG Majid, Hamid Khan contended that the apex court has taken the notice of this case due to FIA's slackness to proceed in the fake accounts. He said as the JIT has filed the report, the NAB should take over the case from FIA and the court should dispose it of.