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Friday, March 19, 2010
GHQ says he will appear on his return: ISPR says ‘No comments’
By Umar Cheema
ISLAMABAD: In an unprecedented case, the Islamabad police are ready to seek Interpol’s help for the extradition of a serving Army officer posted abroad who is an accused in a land fraud case.
This is being considered as the GHQ is reluctant to produce the wanted officer before the court that has now issued his arrest warrants. Maj Zubair Ali Khan, nominated in FIR No 333 registered at Kohsar police station, is a co-accused with two other Army contractors in a land fraud case, involving the hard-earned sum of Rs24 million of the complainant, Yawar Saeed Khan. Yawar, who had his money lost in September 2005 to the accused, has been running from pillar to post since then, also begging help of the GHQ but in vain.
The News on Wednesday sent a set of questions relating to the case coupled with a summary of the case, to the ISPR on the latter’s demand. The queries were returned on Thursday with a two-word response: “No comments.”
The questions sent to the ISPR were: 1. Can an officer with an FIR registered against him be promoted to the next rank before his innocence is determined through the court; 2. As the complainant was warned of action in case of the false allegations, why no action was taken against him as the AG branch later wrote to the complainant that inquiry into the matter didn’t prove the allegations and that he should move the civil court; 3. Why the complainant was encouraged to move the civil court if the AGís branch inquiry found the officer innocent; 4. Where the officer is currently posted abroad and on what mission; 5. If an officer facing serious allegations can be sent abroad when investigation into the matter is in progress and the relevant department is in the know; 6. People say the foreign employment was intended to let him escape from facing the long arm of law. Is it true; 7. Why the officer was sent abroad despite the intimation by the Islamabad police that the man is required for investigation; and 8. Haji Said Fareen and Saeedur Rehman are registered with Log Directorate as Contractors with the name and title “Haji Said Fareen & Co”. They are absconders. SSP Operations had written to the Commanding Officer of Log Directorate in December 2009 about them and requested the cooperation in their arrest. Has any action has been taken against them? Why their registration as contractors have not been cancelled so far? Why their accounts have not been frozen?
As far the Army contractors, Haji Said Fareen and Saeedur Rehman, it was their land to be purchased by Yawar Saeed. Since they were nominated in the FIR and arrest warrants issued by the court of magistrate with Saeed declared a proclaimed offender, the SSP (operations) sought the GHQ help in arresting them. The police wrote to the Log Directorate on December 1, 2009 that it had transpired during the course of investigation that the above named persons “are registered with Log Directorate as contractors for providing transpiration and logistics to Pakistan Army with the name and title “Haji Said Fareen & Co”. Both the father and son appear in Log Directorate as well as CMA for participation in tenders and clearance of the bills from the respective branches of General Headquarters”.
The letter no 10149/C further states: “Therefore, it is requested to help Islamabad police in the arrest of the above named accused. As and when they come in connection with their business, this office or Superintendent of police, maybe informed immediately so that they can be arrested... Furthermore, since both the above named persons have committed a fraud to a tune of Rs24 million, their firm may be blacklisted with the Log Directorate and their accounts sealed till they clear their long overdue liabilities.” However, the GHQ neither helped in arresting them nor blacklisted and their accounts are unfrozen.
The Army instead of proceeding against the officer, who was captain by the time fraud occurred in 2005, promoted him to the next rank despite an FIR registered against him. Not only this, he was sent on foreign posting in May 2009 amid repeated requests by the police for his handing over as the evidences collected in the case had found him guilty in the eyes of the investigator.
The SSP (operations) Islamabad after having had enough, as his repeated reminders failed to move the GHQ, gave his final word in the last letter no. 10390/C written sometimes back. “After a lapse of considerable period and issuance of reminder, accused Major Zubair Ali Khan has not still joined the investigation... If your office not cooperated in the arrest/handing over the involved accused, Islamabad capital police will obtain his Red Arrest Warrants and seek help of Interpol for his arrest and extradition to Pakistan. As the officer was not recalled and accused, a magistrate court has issued his arrest warrants, the first step towards obtaining Red Warrants and seeking Interpol’s help in extradition.”
The fraud involves the land measuring 337 kanals and 15 marlas. The Army contractors Haji Said Fareen and his son, Saeedur Rehman owned this land. Said Fareen is also ANP’s district president of Shangla and registered as contractor with the Log Directorate of the Pakistan Army. One Yawar Saeed Khan was the intending buyer and paid the amount to the said accused persons who were hands in glove with the Army officer that played the role of middleman and received commission amounting Rs260,000. Yawar Saeed deprived of money and land, also lost the last penny he had in bank that pushed his pulling out his son from a flying club where he was undergoing lessons of Commercial Pilot License (CPL) and had his daughter changed from an expensive school to a public institution.
As Yawar approached the GHQ in July 2006, Adjutant General Branch directed him complaining through the sworn affidavits along with documentary proofs, warning an action against him in case the allegations were untrue. The complainant complied the directives. A letter he received from the GHQ in October 2006 said the allegations were found false and ìyou process the case through the civil court.î No action was taken either against him or the (then) Captain Zubair. Yawar subsequently registered an FIR against the officer and the army contractors. Zubair instead of facing internal action received promotion to the next rank as the FIR already registered against him with the court was yet to determine his innocence.
Islamabad police summoned him once to record his statement that was done. His statement together with those of collected from the eye-witnesses of land deal led the investigators conclude the guilt of the officer. The GHQ was therefore contacted for the handing over of the officer that in return required the copy of the FIR, his statement and other documents establishing his involvement within seven days.î The police instead sent the required material on March 30, 2009, a day before the deadline expired. The SSP (Operations) issued the first reminder on May 9, 2009 regarding handover. The officer instead of producing before the police was sent on foreign posting on May21, 2009.
The SSP wrote again on September 23, 2009 through a letter no. 10010/C that the officer needs to be handed over to the ICT Police so that he can be produced before the competent court to face the trial.î The letter drew neither compliance, nor any reply forcing the police sent the final reminder on December 10, 2009. “After lapse of considerable period of 07 months and issuance of reminder, accused Major Zubair Ali Khan has not still joined the investigation... If your office not cooperated in the arrest/ handing over the involved accused, Islamabad Capital Police will obtain his Red Arrest Warrants and seek help of Interpol for his arrest and extradition to Pakistan.î As the officer was not recalled and accused, a magistrate court has issued his arrest warrants, the first step towards obtaining Red Warrants and seeking Interpol's help in extradition.”
The GHQ replied 14 days later, saying the officer is unable to join the investigation for he is presently employed abroad in connection with “important bona fide military duties”, and will be made available only upon his return. Not satisfied with the reply, the SSP has now written to the Inspector General Police to proceed further.
Warrants issued for serving major posted abroad
GHQ says he will appear on his return: ISPR says ‘No comments’
By Umar Cheema
ISLAMABAD: In an unprecedented case, the Islamabad police are ready to seek Interpol’s help for the extradition of a serving Army officer posted abroad who is an accused in a land fraud case.
This is being considered as the GHQ is reluctant to produce the wanted officer before the court that has now issued his arrest warrants. Maj Zubair Ali Khan, nominated in FIR No 333 registered at Kohsar police station, is a co-accused with two other Army contractors in a land fraud case, involving the hard-earned sum of Rs24 million of the complainant, Yawar Saeed Khan. Yawar, who had his money lost in September 2005 to the accused, has been running from pillar to post since then, also begging help of the GHQ but in vain.
The News on Wednesday sent a set of questions relating to the case coupled with a summary of the case, to the ISPR on the latter’s demand. The queries were returned on Thursday with a two-word response: “No comments.”
The questions sent to the ISPR were: 1. Can an officer with an FIR registered against him be promoted to the next rank before his innocence is determined through the court; 2. As the complainant was warned of action in case of the false allegations, why no action was taken against him as the AG branch later wrote to the complainant that inquiry into the matter didn’t prove the allegations and that he should move the civil court; 3. Why the complainant was encouraged to move the civil court if the AGís branch inquiry found the officer innocent; 4. Where the officer is currently posted abroad and on what mission; 5. If an officer facing serious allegations can be sent abroad when investigation into the matter is in progress and the relevant department is in the know; 6. People say the foreign employment was intended to let him escape from facing the long arm of law. Is it true; 7. Why the officer was sent abroad despite the intimation by the Islamabad police that the man is required for investigation; and 8. Haji Said Fareen and Saeedur Rehman are registered with Log Directorate as Contractors with the name and title “Haji Said Fareen & Co”. They are absconders. SSP Operations had written to the Commanding Officer of Log Directorate in December 2009 about them and requested the cooperation in their arrest. Has any action has been taken against them? Why their registration as contractors have not been cancelled so far? Why their accounts have not been frozen?
As far the Army contractors, Haji Said Fareen and Saeedur Rehman, it was their land to be purchased by Yawar Saeed. Since they were nominated in the FIR and arrest warrants issued by the court of magistrate with Saeed declared a proclaimed offender, the SSP (operations) sought the GHQ help in arresting them. The police wrote to the Log Directorate on December 1, 2009 that it had transpired during the course of investigation that the above named persons “are registered with Log Directorate as contractors for providing transpiration and logistics to Pakistan Army with the name and title “Haji Said Fareen & Co”. Both the father and son appear in Log Directorate as well as CMA for participation in tenders and clearance of the bills from the respective branches of General Headquarters”.
The letter no 10149/C further states: “Therefore, it is requested to help Islamabad police in the arrest of the above named accused. As and when they come in connection with their business, this office or Superintendent of police, maybe informed immediately so that they can be arrested... Furthermore, since both the above named persons have committed a fraud to a tune of Rs24 million, their firm may be blacklisted with the Log Directorate and their accounts sealed till they clear their long overdue liabilities.” However, the GHQ neither helped in arresting them nor blacklisted and their accounts are unfrozen.
The Army instead of proceeding against the officer, who was captain by the time fraud occurred in 2005, promoted him to the next rank despite an FIR registered against him. Not only this, he was sent on foreign posting in May 2009 amid repeated requests by the police for his handing over as the evidences collected in the case had found him guilty in the eyes of the investigator.
The SSP (operations) Islamabad after having had enough, as his repeated reminders failed to move the GHQ, gave his final word in the last letter no. 10390/C written sometimes back. “After a lapse of considerable period and issuance of reminder, accused Major Zubair Ali Khan has not still joined the investigation... If your office not cooperated in the arrest/handing over the involved accused, Islamabad capital police will obtain his Red Arrest Warrants and seek help of Interpol for his arrest and extradition to Pakistan. As the officer was not recalled and accused, a magistrate court has issued his arrest warrants, the first step towards obtaining Red Warrants and seeking Interpol’s help in extradition.”
The fraud involves the land measuring 337 kanals and 15 marlas. The Army contractors Haji Said Fareen and his son, Saeedur Rehman owned this land. Said Fareen is also ANP’s district president of Shangla and registered as contractor with the Log Directorate of the Pakistan Army. One Yawar Saeed Khan was the intending buyer and paid the amount to the said accused persons who were hands in glove with the Army officer that played the role of middleman and received commission amounting Rs260,000. Yawar Saeed deprived of money and land, also lost the last penny he had in bank that pushed his pulling out his son from a flying club where he was undergoing lessons of Commercial Pilot License (CPL) and had his daughter changed from an expensive school to a public institution.
As Yawar approached the GHQ in July 2006, Adjutant General Branch directed him complaining through the sworn affidavits along with documentary proofs, warning an action against him in case the allegations were untrue. The complainant complied the directives. A letter he received from the GHQ in October 2006 said the allegations were found false and ìyou process the case through the civil court.î No action was taken either against him or the (then) Captain Zubair. Yawar subsequently registered an FIR against the officer and the army contractors. Zubair instead of facing internal action received promotion to the next rank as the FIR already registered against him with the court was yet to determine his innocence.
Islamabad police summoned him once to record his statement that was done. His statement together with those of collected from the eye-witnesses of land deal led the investigators conclude the guilt of the officer. The GHQ was therefore contacted for the handing over of the officer that in return required the copy of the FIR, his statement and other documents establishing his involvement within seven days.î The police instead sent the required material on March 30, 2009, a day before the deadline expired. The SSP (Operations) issued the first reminder on May 9, 2009 regarding handover. The officer instead of producing before the police was sent on foreign posting on May21, 2009.
The SSP wrote again on September 23, 2009 through a letter no. 10010/C that the officer needs to be handed over to the ICT Police so that he can be produced before the competent court to face the trial.î The letter drew neither compliance, nor any reply forcing the police sent the final reminder on December 10, 2009. “After lapse of considerable period of 07 months and issuance of reminder, accused Major Zubair Ali Khan has not still joined the investigation... If your office not cooperated in the arrest/ handing over the involved accused, Islamabad Capital Police will obtain his Red Arrest Warrants and seek help of Interpol for his arrest and extradition to Pakistan.î As the officer was not recalled and accused, a magistrate court has issued his arrest warrants, the first step towards obtaining Red Warrants and seeking Interpol's help in extradition.”
The GHQ replied 14 days later, saying the officer is unable to join the investigation for he is presently employed abroad in connection with “important bona fide military duties”, and will be made available only upon his return. Not satisfied with the reply, the SSP has now written to the Inspector General Police to proceed further.
Warrants issued for serving major posted abroad