Money laundering laws only apply to public servants: Talpur

ISLAMABAD: Submitting a reply in the apex court with regard to Rs35 billion money laundering scam, Pakistan People’s Party (PPP) leader Faryal Talpur has said the initiation of a Federal Investigation Bureau (FIA) probe against her and the PPP supremo Asif Ali Zardari, ahead of July 25 polls was the ‘worst example of pre-poll rigging’.

Talpur, who is Zardari’s sister, has said the entire exercise of registration of the FIR and filing of an interim charge sheet nominating her and her brother was based on mala fide intention and ulterior motives to malign and defame them before the voters.
Taking a strange stance, her reply also claims that money laundering laws are not applicable on her or the former president, as they are not ‘public servants’.

The prosecution has applied sections 419, 420, 468, 471, 109 PPC read with section 5 (2) PCA 1947 and section 3 & 4 Anti Money Laundering Act 2010.

“All these sections are not attracted to the respondent (Talpur) as well as Asif Ali Zardari. Both are not public servants and as a matter of fact, none of the accused are public servants. Thus section 5 (2) of the Prevention of Corruption Act is not applicable,” says the reply filed through Farooq H Naek. Though the reply has been submitted on behalf of Talpur, a defence has also been given on behalf of Zardari.

It further claimed that the Supreme Court’s purpose for initiating suo motu proceedings against in the case of alleged money laundering has been achieved as the FIA has lodged an FIR and an interim charge sheet has been filed nominating both the PPP leaders as an accused before the special court.

“Any further proceedings in the titled suo motu proceeding would be in violation of the respondents’ fundamental rights as envisaged by Articles 4, 13 and 25…as well as section 403 Code of Criminal Procedure regarding double jeopardy. No one can be prosecuted twice for the same offence.”

She requests the court to drop proceedings against both the PPP leaders, adding that the FIA should be directed to submit final challan within a month if the case is made out beyond a reasonable doubt.

Talpur pleads the SC to proceed strictly in accordance with law without harassing and disparaging and defaming her and her brother’s names and reputation. Likewise, the FIA be directed to remove Najaf Mirza and appoint an impartial FIA officer as head of its joint investigation team (JIT).

The reply says names of both the PPP leaders were falsely incorporated in the interim challan with mala fide intentions and ulterior motives in order to defame and disparage their reputation, which is also evident from vast adverse coverage of the incident in the media.

“The name of both leaders only appears with respect to the company namely Zardari Group which is allegedly a beneficiary and both of them in their personal capacities have not been shown as beneficiaries in the FIR. Even otherwise Asif Zardari has no role to play with respect to the business and other affairs of the said company. He is only a minority shareholder in the said company.”

It states that a sum of Rs15 million had been deposited in a bank account of the Zardari Group. However, there is no specific allegation against both leaders. The FIR does not show any manner that both respondents have committed any offence of cheating or forgery which would attract section 419, 420, 468 or 471 and or 109 PPC. No role has been assigned to them in the FIR as well as interim challan.

The reply alleges that the FIA Assistant Director Muhammad Ali Abro is acting under the instructions and collusion and in conspiracy with Director General Bashir Memon, whose brother, Naseer Memon, contested the election on a Grand Democratic Alliance (GDA) ticket against the PPP.

Likewise, FIA Additional Director General Najaf Quli Mirza, who also heads a Joint Investigation Team (JIT) was accused in an FIR registered by Zardari in 2005. Najaf is also a cousin of Dr Zulfiqar Mirza, who is hostile toward Zardari and contested the elections on a GDA ticket against a PPP candidate.

Source: Express Tribune