SC orders action against Fahim
ISLAMABAD – The Supreme Court on Friday directed the Federal Secretary of Commerce and Federal Investigation Agency to proceed against Makhdoom Amin Fahim in accordance with the law regarding appointment of Ayaz Khan Niazi as Chairman NICL and transaction of Rs 40.5 million in his account.Former Federal Minister for Commerce Makhdoom Amin Fahim shifted the responsibility of appointment of Ayaz Khan Niazi to former PM Yousuf Raza Gilani. S. M. Zafar representing Fahim said: “It is wrong impression that Minister is the appointing authority,” saying Niazi was appointed Chairman NICL by the ex-PM and not his client and the Rules of Business also say it.A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry and comprised Justice Jawwad S Khawaja and Justice Khilji Arif Hussain was hearing the National Insurance Company Limited (NICL) multi-billion scam case.The CJ told Secretary Commerce Zafar Mehmood and Director FIA Karachi Circle Moazam Jah as per the evidences, proceed against former Federal Minister of Commerce Makhdoom Amin Fahim without being prejudice in any manner. “Let the law take its course. Nobody is above the law whosoever he or she will be dealt with,” CJ said. The Chief Justice asked the Secretary you being the custodian of public interest had to do it and directed him; “Go and discharge your duty. Don’t camouflage anything ,otherwise, we would put you to task.”The Secretary though accepted before the bench that Section 12 of Insurance Ordinance 2000 was violated in appointment of Ayaz Niazi as Chairman NICL but showed reluctance to blame ex-Minister for it.The Secretary informed the court three persons, two civil servants and Ayaz Niazi submitted CV for the post, adding, for the appointment of a private person as Chairman NICL post should have been advertised, which was not done in Niazi’s case. The Chief Justice inquired how a person who according to Insurance Ordinance 2000 was not fit and proper for the post was appointed Chairman NICL?The CJP said so far the cases of persons responsible for violation should have been sent to FIA or NAB. When the court pressed him what actions he took against the responsible persons?. The Secretary told out of five FIRs one is registered against Amin Fahim in Karachi. “I think one FIR is enough against the former Minister,” he added.The court pointed out to him that the FIR (21/2010 at PS CBC Karachi) is related to purchase of plot by NICL at exorbitant price and not the appointment of Ayaz Niazi.Moazam Jah submitting a report informed that the appointment of Ayaz Niazi was made in contravention of the Insurance Ordinance. He also explained how money was transferred to Makhdoom Amin Fahim and his family’s bank accounts. He told the court that entire losses in purchase of 10 acres land in Korangi Town, Karachi, have been recovered.The NICL purchased a 10 acres plot in Korangi Town at Rs 900 million, while the actual value of the plot was Rs 410 million, so it caused Rs 490 million loss to the Company, he added.Moazam Jah informed the court that Rs 490 million were transferred in 16 different accounts, including Rs 41.5 million in the account of Makhdoom Amin Fahim, son Makhdoom Jalil-uz-Zaman and wife Rizwana Fahim. Tariq Asad, counsel for Ayaz Niazi, defended his client’s appointment as Chairman NICL. The learned counsel said his client had required experience and qualification. Besides that if there was violation of Insurance Ordinance then the persons who had appointed him should be held responsible, he said.Earlier, during the proceedings, PML-Q leader Chaudhry Shujaat Hussain and former Interior Minister Rehman Malik appeared before the bench in person regarding the Justice (Retd) Ghulam Rabbani’s report findings against them. The Chief Justice asked them to engage the lawyers and no need to appear in person.The case has been adjourned for a week.
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