The Newsline -- April 1999

Uneven Justice
The Ehtesab bench fails to consider the 30 references Filed against Nawaz Sharif by the PPP

By Amir Mir

The PPP has filed a massive 30 references against Prime Minister Nawaz Sharif on charges of corruption and misuse of authority under the 1997 Ehtesab Act, easily outnumbering the six references filed by the powerful Ehtesab Bureau against Benazir Bhutto during the last two years under the same law. While all six references against Benazir and her spouse were taken up for hearing by the ehtesab benches of various high courts, none of the 30 references against Sharif have so far been forwarded to the Chief Ehtesab Commissioner, as required by the law.

The only reference against Nawaz Sharif that has been taken up by the CEC on his personal initiative pertains to the misuse of official resources, and causing a huge loss to the national exchequer by developing 1,800 acres of land in Raiwind at state expense.

About 250 references are presently with the Ehtesab Bureau awaiting inquiry and investigation, and only a dozen of them have so far been forwarded to the ehtesab benches of various high courts. There are reports that the many reminders sent by the CEC to the Bureau to hasten investigations and wrap up pending cases have remained unanswered by Senator Saifur Rehman.

Justice Mujaddid Mirza (retd.), who was appointed by President Farooq Leghari's caretaker government, has already been deprived of many of his powers, including the ability to deal with references without requiring the Ehtesab Bureau's clearance. Sources in the CEC Secretariat say that over 3,500 complaints were received by Mujaddid Mirza's office during the last two years 1,400 of them filed against various federal ministries and organisations, and roughly 650 against provincial organisations. About 1,000 complaints have been filed away for being either frivolous or anonymous. A total of 340 cases are under review at the CEC Secretariat, while 245 complaints are pending at the Ehtesab Bureau for investigation. Sources add that 160 cases against politicians were sent to the Bureau by Mujaddid Mirza's office, and 130 are still deadlocked there.

The credibility of the Ehtesab Bureau and the reputation of its chairman can be gauged from a recent US State Department report, Human Rights Compliance an Pakistan. The report states The (Pakistani) government has used the accountability process for political purposes by harassing and arresting a number of prominent politicians and bureaucrats connected with the main opposition party. It also says that the accountability process an Pakistan has been misused. The Accountability Commission established by the 1996-97 caretaker government has been overshadowed by an, accountability cell, headed by a close associate of the Prime Minister, Senator Saifur Rehman. The cell, ostensibly initiated to uncover corruption in an even-handed manner, has conducted politically driven investigations and campaigns of vilification against the opposition.

The ruling Sharifs have kept the entire accountability exercise strictly within their control by appointing a family friend as the EB chairman. Their choice of Saifur Rehman for this high- profile job has been questioned in various quarters. Besides being the PM's close friend, Rehman is also a business contact, whose REDCO group has been a public sector contractor for several years now.

Once a little-known resident of Model Town in Lahore whose father owned a medical store in the Mozang area, Rehman became a rich businessman after working in the Gulf during the early 80s. He first gained access to Nawaz Sharif when the latter was the Punjab CM, and through him managed to bag several contracts for his construction company including the Patriata Chair Lift and the Murree-Rawalpindi road projects. REDCO was severely criticised by the press and opposition politicians alike for receiving more than its fair share of government contracts. During Nawaz's second stint as PM, REDCO was accused of importing BMWs in violation of customs laws and defaulting on various bank loans. Rehman was further accused of transferring dollars abroad prior to the freeze on foreign currency accounts.

After labouring for two long years and spending millions of dollars in tax-payers money, the Ehtesab Bureau's sole success is having made the Schon Group cough up some defaulted loans -not much of an achievement for such a powerful institution.

The infamous Bureau has pursued the political opponents of the Sharifs with much vigour and determination. State agencies like the FIA, Intelligence and others have been employed for just one purpose-to dig up dirt on government adversaries. Whereas court proceedings are very likely to be concluded by an ehtesab bench on a number of references filed against members of the opposition, not a single reference filed against any ruling party politician has been processed by the bureau. They include Senator Saifur Rehman Khan himself, the Sharif brothers, Federal Water and Power Minister, Gohar Ayub Khan, suspended Sindh CM Liaquat Ali Jatoi, Federal Minister for Labour and Manpower, Sheikh Rasheed Ahmed, NWFP CM Sardar Mehtab Ahmed Abbasi, former Balochistan CM Zulfiqar Ali Magsi, former Federal Minister for Food and Agriculture, Syeda Abida Hussain, and several other ruling party big shots.

The Case Against Sharif

The references filed against Nawaz Sharif under the 1997 Ehtesab Act range from illegal appointments to concealment of property

1- Illegal appointments in Pakistan International Airlines.
2- Abbottabad land purchase scam.
3- Import of BMW cars in violation of customs laws.
4- Availing bank loans without fulfilling legal requirements.
5- Concealment of property in US.
6- Illegal appointments in the Federal Investigation Agency.
7- US wheat purchase scam.
8- Murree land purchase scam.
9- Out-of-turn promotions in the Federal Investigation Agency.
10- Income tax evasion.
11- Forging passports and money laundering.
12- Concealment of helicopter while filing assets.
13- Favourable treatment accorded to Kohinoor Energy Ltd., causing a 45 crore rupee loss.
14- Unlawful cash finance facility given to Brothers Sugar Mills.
15- Bribe offered to ANP's Senator Qazi Mohammad.
16- Developing Raiwind Estate at state expense.
17- Illegally appointing chairman, Central Board of Revenue.
18- Whitening of black money by amending laws.
19- Causing a 35-billion-rupee loss by writing off/rescheduling loans.
20- Transferring dollars abroad prior to freezing of accounts.
21- Relaxing import duty and amending laws to import luxury cars.
22- Using funds from the national exchequer to bribe Maulana Sattar Niazi.
23- Plundering 200 million rupees from jahez funds and Baitul Maal funds.
24- Opening fake currency accouts.
25- Making 130 political appointments in federal departments.
26- Relaxing export duty and rebate to transport sugar to India.
27- Whitening of money through foreign exchange bearer certificates.
28- Wealth tax evasion.
29- Concealment of facts to evade property tax.
30- Withdrawal of case against Senator Islamuddin Sheikh.