All govt institutions except NAB did not cooperate with probe: Broadsheet commission's report

The commission formed to probe the Broadsheet scandal has released its findings, with a key takeaway being that all institutions except for NAB were found to have resisted cooperating with the investigation.

Headed by retired Justice Sheikh Azmat Saeed, the commission has also stated in its report that Broadsheet's records were missing from "nearly everywhere", including the Pakistan mission in London.

Additionally, the report states that the chairman of the commission (Justice Saeed) did not think it necessary to record Tariq Fawad Malik and Broadsheet CEO Kaveh Moussavi's statements.

According to the report, the asset recovery deal made with Broadsheet makes evident the government institutions' failure to comprehend international laws.

It said that the bureaucracy made every attempt to "hide records or make them disappear", in moves that were in many instances "transcontinental".

The report states that Moussavi, who is a convicted felon, levelled allegations against certain individuals but probing this matter did not fall under the terms of reference defined for the commission. It added that the government may probe the Broadsheet CEO's allegations if it wishes to.

According to the report, a settlement deal was made with Broadsheet to pay it $2.2 million.

What the government officials involved in making the settlement deal were unaware of at the time, was that there are two firms — based in Gibraltar and Colorado — that have no link with the real Broadsheet, based in the Isle of Man, UK, and with whom settlement deals were inked.

International law expert and former federal law minister Ahmer Bilal Soofi had contacted Jerry James, who was erroneously believed to be the Broadsheet chairman, when in fact he was associated with the Colorado firm.

It notes that $1.8 million in two instalments were paid in May 2008 to James in the presence of Abdul Basit who was Pakistan's envoy in London at the time. Shahid Baig, an officer of the Pakistan High Commission had signed both cheques for payment.

Baig, in his statement to the commission stated that no approval from the Pakistan government was sought for payment made to Broadsheet (Colorado).

Meanwhile, secretary law Raja Naeem told the commission that all settlement records had been stolen from the ministry.

Then NAB chairman Naveed Ahsan was also involved in making the settlement deal.

Ahsan, in his statement to the commission, said that Soofi had not disclosed any information regarding the deal made with James.

Furthermore, then NAB officer Hassan Saqib Sheikh was also involved in the deal.

The first settlement deal was made with Broadsheet (Gibraltar) whereas Pakistan had never approached such a company, the report states.

The commission also raised several questions regarding the role of judge Kaleem Khan who was attached to the ministry of law at the time.

The report notes that the prime minister at the time, Shaukat Aziz, had given approval for this settlement with Broadsheet. A cabinet summary with the approval dated May 10, 2007 has been reference by the report.

No officer, whether from the law ministry, the Pakistan High Commission in London or the Foreign Office, the Ministry for Finance or NAB even had the remotest idea that Pakistan is being cheated.

Minister for Science and Technology Fawad Chaudhry, delivering a post-cabinet meeting media briefing, said that the federal cabinet has decided to pursue criminal proceedings against five individuals named in the report based on the recommendations by the Broadsheet probe commission.

These include Ahmer Bilal Soofi; Hassan Saqib Shaikh, who is currently working with the Federal Board of Revenue (FBR); Ghulam Rasool, who was the joint secretary of the ministry of law; Abdul Basit, who was the deputy high commissioner to the UK; Shahid Ali Baig, who was the director audit and accounts for the High Commission in London; and Tariq Fawad Malik, the person "who facilitated the whole contract with Broadsheet".

Chaudhry said that the commission has declared these five individuals the "main accused".

"Another important point raised by the commission is that NAB saw the darkest period between 2011-2017 [...] you know that Qamaruz Zaman was the NAB chairman at the time," the minister said.

He added that owing to the "criminal negligence" of the prosecutor generals and other people, "records related to Swiss accounts and other documents disappeared and no one even knew".

Chaudhry said that according to the commission's recommendations, Qamar Zaman and other high ranked officials of NAB will be probed and their "criminal liability" ascertained.

The minister said that if one recalls, PPP President Asif Ali Zardari and other party members were acquitted in several cases in that period, because it was said that NAB does not have the original records for the Swiss accounts, "which was all a pack of lies".

"We are thankful to Justice Azmat Saeed who discovered the original record of the Swiss accounts [...] now on this basis, we will pursue action in the matter against Zardari. Our legal team is reviewing the matter."

"Destroying or hiding records is a criminal offence so legal action will be taken against the director general NAB, prosecutor general and others involved," Chaudhry added.

Broadsheet LLC was hired by the National Accountability Bureau during Pervez Musharraf’s government in 1999 to trace assets in the UK and USA belonging to more than 200 Pakistanis (called "targets" in the contract) including generals, politicians, and businessmen — Benazir Bhutto, Asif Ali Zardari, and Nawaz Sharif being among the chief targets.

After NAB abruptly ended its contract with Broadsheet in 2003, in violation of the terms and conditions, the asset recovery firm began pursuing legal action against the bureau. The bureau was subsequently ordered by a London court to pay for damages, liabilities, and interest accrued.

PM Imran Khan had taken notice of the Broadsheet scandal after court documents revealed that Pakistan's anti-graft watchdog had made a deliberate decision to disregard financial damages that may be caused to the asset recovery firm by entering into a settlement with an unauthorised individual and paid around $1.5 million to a fake firm. The premier had thus ordered the formation of a commission to probe the matter.

The arbitration court in London that heard the case — Broadsheet LLC vs. The Islamic Republic of Pakistan and the National Accountability Bureau — was chaired by Sir Anthony Evans. The court's ruling titled Part Final Award (Liability issues) was handed down in August 2016 under the Chartered Institute of Arbitrators, Case No. 12912001.

The case details the whole saga from the NAB's establishment to the signing and — three years later — rescinding the agreement with Broadsheet, a breach of contract, illegal payments from Pakistan to wrong entities; and all that led the court to ascertain that the anti-corruption body was involved in intentional wrongdoings.

Judgment documents had revealed what the arbitration court concluded, that the claimant — Broadsheet LLC — was entitled to recover damages from the respondents — the Islamic Republic of Pakistan and the NAB — for the "tort of conspiring to cause unlawful economic loss to the Claimant by entering into the Settlement Agreement dated 20 May 2008 with Mr. James and companies controlled by him and/or in making payments to him or them thereunder".

Subsequently, the London High Court’s Financial Division issued on December 17, 2020, a Final Third Party Order for payment to Broadsheet by December 30, 2020 — drawing the curtains on a case that has cost Pakistani taxpayers billions of rupees.

Pakistan then made a payment of $28.706 million (Rs4.59 billion) to the British firm after losing long-running litigation at the London High Court.

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Federal Cabinet shuts down plans to import cotton, sugar from India

The Federal Cabinet on Thursday rejected an Economic Coordination Committee (ECC) suggestion to import cotton yarn and sugar from India, sources said.

The decision to turn down the proposal was taken in a cabinet meeting chaired by Prime Minister Imran Khan in Islamabad, hours after Minister for Human Rights Shireen Mazari said cabinet will review the ECC's decisions related to trade with India.

Taking to Twitter, the minister had said it is only after the cabinet's approval that the decision will be considered "approved by the government".

"Just for the record — All ECC decisions have to be approved by cabinet & only then they can be seen as 'approved by govt'! So today in the cabinet there will be a discussion on ECC decisions including trade with India and then the government decision will be taken! The media should be aware of this at least!" Mazari wrote in a tweet.

Yesterday, Federal Finance Minister Hammad Azhar had announced the government's intention to import sugar and cotton from India.

The decision was seen as an important milestone in the slowly warming ties between the two neighbouring countries.

The minister, in his first press conference since being given the finance portfolio, had spoken about the high prices of sugar in Pakistan, noting that the government had allowed sugar to be imported from other countries, but the price of the commodity in the supplier countries had risen considerably.

"However, in our neighbouring country India, the price of sugar is quite cheap," he said. "Hence, we have decided to resume sugar trade with India".

He had said the measure would help bring down sugar prices in Pakistan and provide relief to the poor.

Azhar had said the demand for cotton in Pakistan was also increasing and the country needed the product in a large amount. He said Pakistan had not produced quality cotton last year hence it had given the green signal for the product to be imported from other countries around the globe.

"However, the import of cotton from India was banned and this had a direct effect on our SMEs," he said.

"At the recommendation of the Ministry of Commerce, we have also decided to resume the trade of cotton with India," he had said.

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Pakistan reiterates position on relations with India, demands pre-August 5 status of IOJK

The Federal Minister for Science and Technology Fawad Chaudhry on Thursday said that even though India-Pakistan relations can be a game-changer for the region and Pakistan wishes to normalise relations with the neighbouring state, things cannot progress until India revokes its August 5 move in the Indian Occupied Jammu and Kashmir.

Speaking during a press conference after a cabinet meeting here in Islamabad, Fawad Chaudhry said that the normalisation of trade relations with India, as previously proposed by the newly-appointed finance minister Hammad Azhar, is not possible because of the Indian atrocities in IOJK.

"If India commits a massacre against Muslims and refuses to give Kashmiri people their due right, Pakistan cannot have normal diplomatic relations with India," he said.

The minister added that the federal cabinet has reiterated its position that the normalisation of relations with India is not possible until it revisits its Kashmir policy.

"We want to have good relations with India and move forward with our economy, but India should first revoke its August 5, 2019, move," he said.

On August 5, 2019, the Indian government had rushed through a presidential decree to abolish Article 370 of the Constitution which grants special status to Indian occupied Kashmir amid rising tensions in the disputed valley with unprecedented numbers of Indian troops deployed in the region.

Indian Home Minister Amit Shah had introduced a resolution to scrap Article 370 in Rajya Sabha which led to the revocation of the special status granted to occupied Kashmir and make the state a Union Territory with the legislature.

Speaking on the COVID-19 vaccination front, the federal minister said that 98% of the population will be inoculated for free, however, the 2% — who do not wish to stand in queues — can pay and get themselves inoculated from private hospitals, he said.

Lauding the PTI-led government's efforts, Chaudhry said that Pakistan is "one of the few countries that received praises from the world for tackling the coronavirus situation in an effective manner."

"The government is determined to battle coronavirus as it did during the previous two waves," he said.

However, there are two issues with the private vaccine, the minister said. "First, the importer brings the vaccine into the country and once that's done, they set rates according to their wishes," the minister said.

He added that two vaccines — Russais's Sputnik V and China's CanSino — have been imported in Pakistan so far.

"The Russian vaccine's rate cannot be determined at the moment, as the issue of setting its price is currently underway in the Sindh High Court," he said. "However, CanSino's price has been set at Rs4,225 per dose.

The federal minister said that people have to get two doses of all other COVID-19 vaccines, however, for CanSino, they need to get only one jab.

Chaudhry further said the people of Gilgit-Baltistan and Islamabad would be able to avail the services of the Health Card, while all the people in Khyber Pakhtunkhwa already have the facility.

"There have been no increases in medicine prices, however, the rates of [some] medicines have been revised," he said.

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All govt institutions except NAB did not cooperate with probe: Broadsheet commission's report

The commission formed to probe the Broadsheet scandal has released its findings, with a key takeaway being that all institutions except for NAB were found to have resisted cooperating with the investigation.

Headed by retired Justice Sheikh Azmat Saeed, the commission has also stated in its report that Broadsheet's records were missing from "nearly everywhere", including the Pakistan mission in London.

Additionally, the report states that the chairman of the commission (Justice Saeed) did not think it necessary to record Tariq Fawad Malik and Broadsheet CEO Kaveh Moussavi's statements.

According to the report, the asset recovery deal made with Broadsheet makes evident the government institutions' failure to comprehend international laws.

It said that the bureaucracy made every attempt to "hide records or make them disappear", in moves that were in many instances "transcontinental".

The report states that Moussavi, who is a convicted felon, levelled allegations against certain individuals but probing this matter did not fall under the terms of reference defined for the commission. It added that the government may probe the Broadsheet CEO's allegations if it wishes to.

According to the report, a settlement deal was made with Broadsheet to pay it $2.2 million.

What the government officials involved in making the settlement deal were unaware of at the time, was that there are two firms — based in Gibraltar and Colorado — that have no link with the real Broadsheet, based in the Isle of Man, UK, and with whom settlement deals were inked.

International law expert and former federal law minister Ahmer Bilal Soofi had contacted Jerry James, who was erroneously believed to be the Broadsheet chairman, when in fact he was associated with the Colorado firm.

It notes that $1.8 million in two instalments were paid in May 2008 to James in the presence of Abdul Basit who was Pakistan's envoy in London at the time. Shahid Baig, an officer of the Pakistan High Commission had signed both cheques for payment.

Baig, in his statement to the commission stated that no approval from the Pakistan government was sought for payment made to Broadsheet (Colorado).

Meanwhile, secretary law Raja Naeem told the commission that all settlement records had been stolen from the ministry.

Then NAB chairman Naveed Ahsan was also involved in making the settlement deal.

Ahsan, in his statement to the commission, said that Soofi had not disclosed any information regarding the deal made with James.

Furthermore, then NAB officer Hassan Saqib Sheikh was also involved in the deal.

The first settlement deal was made with Broadsheet (Gibraltar) whereas Pakistan had never approached such a company, the report states.

The commission also raised several questions regarding the role of judge Kaleem Khan who was attached to the ministry of law at the time.

The report notes that the prime minister at the time, Shaukat Aziz, had given approval for this settlement with Broadsheet. A cabinet summary with the approval dated May 10, 2007 has been reference by the report.

No officer, whether from the law ministry, the Pakistan High Commission in London or the Foreign Office, the Ministry for Finance or NAB even had the remotest idea that Pakistan is being cheated.

Minister for Science and Technology Fawad Chaudhry, delivering a post-cabinet meeting media briefing, said that the federal cabinet has decided to pursue criminal proceedings against five individuals named in the report based on the recommendations by the Broadsheet probe commission.

These include Ahmer Bilal Soofi; Hassan Saqib Shaikh, who is currently working with the Federal Board of Revenue (FBR); Ghulam Rasool, who was the joint secretary of the ministry of law; Abdul Basit, who was the deputy high commissioner to the UK; Shahid Ali Baig, who was the director audit and accounts for the High Commission in London; and Tariq Fawad Malik, the person "who facilitated the whole contract with Broadsheet".

Chaudhry said that the commission has declared these five individuals the "main accused".

"Another important point raised by the commission is that NAB saw the darkest period between 2011-2017 [...] you know that Qamaruz Zaman was the NAB chairman at the time," the minister said.

He added that owing to the "criminal negligence" of the prosecutor generals and other people, "records related to Swiss accounts and other documents disappeared and no one even knew".

Chaudhry said that according to the commission's recommendations, Qamar Zaman and other high ranked officials of NAB will be probed and their "criminal liability" ascertained.

The minister said that if one recalls, PPP President Asif Ali Zardari and other party members were acquitted in several cases in that period, because it was said that NAB does not have the original records for the Swiss accounts, "which was all a pack of lies".

"We are thankful to Justice Azmat Saeed who discovered the original record of the Swiss accounts [...] now on this basis, we will pursue action in the matter against Zardari. Our legal team is reviewing the matter."

"Destroying or hiding records is a criminal offence so legal action will be taken against the director general NAB, prosecutor general and others involved," Chaudhry added.

Broadsheet LLC was hired by the National Accountability Bureau during Pervez Musharraf’s government in 1999 to trace assets in the UK and USA belonging to more than 200 Pakistanis (called "targets" in the contract) including generals, politicians, and businessmen — Benazir Bhutto, Asif Ali Zardari, and Nawaz Sharif being among the chief targets.

After NAB abruptly ended its contract with Broadsheet in 2003, in violation of the terms and conditions, the asset recovery firm began pursuing legal action against the bureau. The bureau was subsequently ordered by a London court to pay for damages, liabilities, and interest accrued.

PM Imran Khan had taken notice of the Broadsheet scandal after court documents revealed that Pakistan's anti-graft watchdog had made a deliberate decision to disregard financial damages that may be caused to the asset recovery firm by entering into a settlement with an unauthorised individual and paid around $1.5 million to a fake firm. The premier had thus ordered the formation of a commission to probe the matter.

The arbitration court in London that heard the case — Broadsheet LLC vs. The Islamic Republic of Pakistan and the National Accountability Bureau — was chaired by Sir Anthony Evans. The court's ruling titled Part Final Award (Liability issues) was handed down in August 2016 under the Chartered Institute of Arbitrators, Case No. 12912001.

The case details the whole saga from the NAB's establishment to the signing and — three years later — rescinding the agreement with Broadsheet, a breach of contract, illegal payments from Pakistan to wrong entities; and all that led the court to ascertain that the anti-corruption body was involved in intentional wrongdoings.

Judgment documents had revealed what the arbitration court concluded, that the claimant — Broadsheet LLC — was entitled to recover damages from the respondents — the Islamic Republic of Pakistan and the NAB — for the "tort of conspiring to cause unlawful economic loss to the Claimant by entering into the Settlement Agreement dated 20 May 2008 with Mr. James and companies controlled by him and/or in making payments to him or them thereunder".

Subsequently, the London High Court’s Financial Division issued on December 17, 2020, a Final Third Party Order for payment to Broadsheet by December 30, 2020 — drawing the curtains on a case that has cost Pakistani taxpayers billions of rupees.

Pakistan then made a payment of $28.706 million (Rs4.59 billion) to the British firm after losing long-running litigation at the London High Court.

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Cabinet shuts down plans to import cotton, sugar from India

The Federal Cabinet on Thursday rejected an Economic Coordination Committee (ECC) suggestion to import cotton yarn and sugar from India, sources said.

The decision to turn down the proposal was taken in a cabinet meeting chaired by Prime Minister Imran Khan in Islamabad, hours after Minister for Human Rights Shireen Mazari said cabinet will review the ECC's decisions related to trade with India.

Taking to Twitter, the minister had said it is only after the cabinet's approval that the decision will be considered "approved by the government".

"Just for the record — All ECC decisions have to be approved by cabinet & only then they can be seen as 'approved by govt'! So today in the cabinet there will be a discussion on ECC decisions including trade with India and then the government decision will be taken! The media should be aware of this at least!" Mazari wrote in a tweet.

Yesterday, Federal Finance Minister Hammad Azhar had announced the government's intention to import sugar and cotton from India.

The decision was seen as an important milestone in the slowly warming ties between the two neighbouring countries.

The minister, in his first press conference since being given the finance portfolio, had spoken about the high prices of sugar in Pakistan, noting that the government had allowed sugar to be imported from other countries, but the price of the commodity in the supplier countries had risen considerably.

"However, in our neighbouring country India, the price of sugar is quite cheap," he said. "Hence, we have decided to resume sugar trade with India".

He had said the measure would help bring down sugar prices in Pakistan and provide relief to the poor.

Azhar had said the demand for cotton in Pakistan was also increasing and the country needed the product in a large amount. He said Pakistan had not produced quality cotton last year hence it had given the green signal for the product to be imported from other countries around the globe.

"However, the import of cotton from India was banned and this had a direct effect on our SMEs," he said.

"At the recommendation of the Ministry of Commerce, we have also decided to resume the trade of cotton with India," he had said.

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Pakistan reiterates position on relations with India, demands pre-August 5 status of IOJK

The Federal Minister for Science and Technology Fawad Chaudhry on Thursday said that even though India-Pakistan relations can be a game-changer for the region and Pakistan wishes to normalise relations with the neighbouring state, things cannot progress until India revokes its August 5 move in the Indian Occupied Jammu and Kashmir.

Speaking during a press conference after a cabinet meeting here in Islamabad, Fawad Chaudhry said that the normalisation of trade relations with India, as previously proposed by the newly-appointed finance minister Hammad Azhar, is not possible because of the Indian atrocities in IOJK.

"If India commits a massacre against Muslims and refuses to give Kashmiri people their due right, Pakistan cannot have normal diplomatic relations with India," he said.

The minister added that the federal cabinet has reiterated its position that the normalisation of relations with India is not possible until it revisits its Kashmir policy.

"We want to have good relations with India and move forward with our economy, but India should first revoke its August 5, 2019, move," he said.

On August 5, 2019, the Indian government had rushed through a presidential decree to abolish Article 370 of the Constitution which grants special status to Indian occupied Kashmir amid rising tensions in the disputed valley with unprecedented numbers of Indian troops deployed in the region.

Indian Home Minister Amit Shah had introduced a resolution to scrap Article 370 in Rajya Sabha which led to the revocation of the special status granted to occupied Kashmir and make the state a Union Territory with the legislature.

Speaking on the COVID-19 vaccination front, the federal minister said that 98% of the population will be inoculated for free, however, the 2% — who do not wish to stand in queues — can pay and get themselves inoculated from private hospitals, he said.

Lauding the PTI-led government's efforts, Chaudhry said that Pakistan is "one of the few countries that received praises from the world for tackling the coronavirus situation in an effective manner."

"The government is determined to battle coronavirus as it did during the previous two waves," he said.

However, there are two issues with the private vaccine, the minister said. "First, the importer brings the vaccine into the country and once that's done, they set rates according to their wishes," the minister said.

He added that two vaccines — Russais's Sputnik V and China's CanSino — have been imported in Pakistan so far.

"The Russian vaccine's rate cannot be determined at the moment, as the issue of setting its price is currently underway in the Sindh High Court," he said. "However, CanSino's price has been set at Rs4,225 per dose.

The federal minister said that people have to get two doses of all other COVID-19 vaccines, however, for CanSino, they need to get only one jab.

Chaudhry further said the people of Gilgit-Baltistan and Islamabad would be able to avail the services of the Health Card, while all the people in Khyber Pakhtunkhwa already have the facility.

"There have been no increases in medicine prices, however, the rates of [some] medicines have been revised," he said.

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High Court lifts ban on TikTok

The Peshawar High Court (PHC) on Thursday allowed the government to unblock TikTok, a video streaming application popular among youth, in Pakistan.

A bench, headed by Chief Justice Qaiser Rahid, directed the government to ensure that immoral content is not uploaded to the app.
“What action have you taken thus far [to have objectionable content removed from the app]?” the top PHC judge questioned the Pakistan Telecommunication Authority (PTA) director general at the start of the hearing, to which the latter replied that the authority raised the issue with the TikTok management.

The management has hired a focal person who will handle the issues of immoral and illegal content that is uploaded to the app, he said.

On March 12, the Peshawar High Court’s (PHC) had ordered a ban on the short video sharing entertainment app.

The court directed the Pakistan Telecommunication Authority to block the app “until and unless some mechanism is devised to filter the material which is immoral and indecent and goes against our norms and ethics.”

“No doubt, it is apparently mere an application just for entertainment but over the period, it has become an addition to which mostly the younger generation has fallen prey. Inspired by the TikTok application, there are even reports of some teenagers having committed suicide,” the bench had noted in its verdict.

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