IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
PRESENT:  
MR. JUSTICE MIAN SAQIB NISAR, HCJ 
MR. JUSTICE UMAR ATA BANDIAL 
MR. JUSTICE IJAZ UL AHSAN 
 
 
Human Rights Case No.39216-G of 2018 
IN THE MATTER OF SLACKNESS IN THE PROGRESS OF 
PENDING 
ENQUIRIES 
RELATING 
TO 
FAKE 
BANK 
ACCOUNTS, ETC. 
 
In Attendance: 
 
Mr. Anwar Mansoor Khan, Attorney General 
for Pakistan  
Syed Nayyar Abbas Rizvi, Additional AGP.  
 
Mr. Shehryar Qazi, Addl. A.G. 
 
 
 
Ch. Aitzaz Ahsan, Sr. ASC 
Mr. Gohar Ali Khan, ASC (For Bahria Town) 
 
 
 
Kh. Ahmed Tariq Raheem, Sr. ASC 
Mr. Azhar Siddique, ASC (For Zain Malik) 
 
 
 
Mr. Farooq H. Naek, Sr. ASC 
(For Asif Ali Zardari and Faryal Talpur) 
 
 
 
Mr. Shahid Hamid, Sr. ASC 
Ms. Ayesha Hamid, ASC 
Syed Rafaqat Hussain Shah, AOR 
(For Anwar Majeed and Abdul Ghani Majeed) 
 
 
 
Mr. Munir Ahmed Bhatti, ASC 
(For Kh. Nimar Majeed, Kh. Mustafa 
Zulqarnain Majeed and Ali Kamal Majeed) 
 
 
 
Kh. Naveed Ahmed, ASC for President 
Sindh Bank 
 
 
 
Mr. Salman Aslam Butt, Sr. ASC for UBL 
 
 
 
Mr. Ibrar Saeed, Legal Advisor 
(For SECP) 
 
 
 
Mr. Haseeb Jamali, ASC 
Mr. M. Qasim Mirjat, AOR 
(For Nasir Abdullah Lootha) 
 
Mr. Abid S. Zuberi, ASC 
Mr. Tariq Aziz, AOR 
(For Summit Bank) 
 
 
 
Mr. Shoukat Hayat, ASC 
Mr. M. Qasim Mirjat, AOR 
Human Rights Case No.39216-G of 2018 
 
2
(For Hussain Lawai) 
 
 
 
Mr. Ahmed Nawaz Chaudhary, AOR 
(For Sher Muhammad Mugheri) 
 
 
 
Mr. Shahab Sarki, ASC for Shahzad Jatoi 
(For A One Group) 
 
 
For FIA 
Mr. Bashir Ahmed Memon, DG FIA 
Mr. Najaf Quli Mirza, Addl. DG FIA 
Mr. Monir A. Sheikh, Director FIA, Karachi 
Mr. Qaiser Masood, Addl. Director, Law FIA 
Mr. Mohammad Ali Abro, Asst. Director / 
I.O FIA Karachi. 
Mr. Tariq Malik, Director Law FIA 
Mr. I.D Mangi, AIGP (Legal) Sindh Karachi 
 
 
For NAB 
Mr. Imran-ul-Haq, Sp. Prosecutor 
 
 
For FBR 
Mr. Jahanzeb Khan, Chairman FBR 
Mr. Habibullah, Member I.R Operation FBR 
 
 
For State Bank 
Mr. Tariq Mehmood Bajwa, Governor 
Mr. Sanaullah Gondal, Director 
Syed Ansar Hussain, AD 
Raja Abdul Ghafoor, AOR 
 
 
Date of Hearing: 
05.09.2018 
ORDER  
 
 
This matter arises out of inquiries initiated by 
Federal Investigation Agency (“FIA”) regarding fake/Benami 
accounts connected with various individuals and entities 
including 
A-One 
International, 
Iqbal 
Metals, 
Lucky 
International and Omair Associates. Another inquiry was also 
initiated on receipt of suspicious transaction reports (“STRs”) 
from Financial Monitoring Units (“FMU”) of State Bank of 
Pakistan (“SBP”). An investigation team headed by Dr. Najaf 
Quli Mirza, Additional Director General, FIA, was constituted 
to investigate the matter. Having received information that 
there was slackness and slow progress in the matter and 
probe and investigation was being obstructed and hampered, 
this Court took suo motu notice of the same in exercise of its 
Human Rights Case No.39216-G of 2018 
 
3
powers under Article 184(3) of Constitution of the Islamic 
Republic of Pakistan, 1973 (“the Constitution”). In one of the 
matters, an FIR was also registered regarding which an 
interim challan has already been submitted in the Special 
Court (Banking), Karachi. In this regard, some accused 
persons holding senior positions in Summit Bank were 
arrested and are presently in Jail. The investigation found 29 
suspicious/fake Bank accounts showing transactions in 
excess of Rupees 35 Billion undertaken through various 
Banks. The ostensible holders of such accounts denied 
opening or operating the accounts. There are valid reasons to 
believe that accounts were opened by misusing National 
Identity Cards (“NICs”) of different unsuspecting persons 
without their knowledge. This appears to have been done in 
order to undertake illegal rotation and layering of huge sums 
of money through the said accounts presumably for money 
laundering. Interrogation of the arrested suspects and 
concerned persons led to discovery of further information 
about the accounts, companies and individuals who had links 
with deposit of the funds in question. These included Omni 
Group, its associate Companies and Sugar Mills, Bahria 
Town, Zardari Group Private Limited, Arif Habib, Nasir 
Abdullah Loota, H&H Exchange Company, Parthenon Private 
Limited, Dream Trading & Company, and Ocean Enterprises 
amongst others, etc. Some of the accused persons were 
arrested. They are facing investigation. Some of the accused 
persons got protective bails. A few are absconding.  
 
Human Rights Case No.39216-G of 2018 
 
4
2. 
 
We have been informed by Director General, FIA 
that 
as 
investigation 
progresses 
more 
accounts 
and 
information is being discovered by the investigators. This 
points towards a series of suspicious transactions involving 
Billions of Rupees spanning various jurisdictions by skillfully 
structured methods in order to camouflage and avoid 
detection by the Regulators and Law Enforcement Agencies. 
He, therefore, maintains that despite bona fide efforts on the 
part of FIA, progress is slow on account of huge quantity of 
electronic data that requires unravelling and interpretation. 
For this exercise FIA is facing lack of specialized investigators. 
In 
order 
to 
conduct 
effective, 
in-depth 
and 
incisive 
investigations to discover the truth, cut through multiple 
layers of transactions, fake accounts, movement of funds, and 
establish the real identity of persons who are actual but 
hidden beneficiaries, a broad based, multidimensional and 
technically skilled team of experts is required which at 
present is not available with FIA. He also submits that on 
account of alleged involvement of high profile and powerful 
political and business figures with the tainted transactions, 
who have powerful connections within the government, 
investigation is being seriously hampered and at times 
willfully 
obstructed 
at 
every 
stage. 
Additionally, 
the 
investigators feel threatened by the pressure generated due to 
involvement of high profile persons in the case. Their fear is 
not without foundation considering the general environment 
and the law and order situation. He, therefore, prays that this 
Court may appoint a Joint Investigation Team (JIT) consisting 
of an Additional Director General of Federal Investigation 
Agency (FIA); Experts from Federal Board of Revenue (FBR), 
State Bank of Pakistan (SBP), National Accountability Bureau 
Human Rights Case No.39216-G of 2018 
 
5
(NAB) and Securities & Exchange Commission of Pakistan 
(SECP) as well as representatives of Inter-Services Intelligence 
and Military Intelligence. 
 
3. 
 
The learned counsel appearing on behalf of Omni 
Group, M/s Abdul Ghani Majeed, Asif Ali Zardari, Mrs. Fryal 
Talpur, Zain Malik/Behria Town and others have opposed the 
formation of aforesaid JIT. They argue that this is not a case 
of the investigating agency being unwilling to proceeding in 
the matter. In fact the FIA has already submitted an 
incomplete challan before the concerned Banking Court. It is, 
therefore, the right of the accused persons that final challan 
should be submitted and trial should commence. It is 
maintained that since incriminating material or evidence 
against the accused persons is lacking or is deficient, the 
matter of submission of final challan is being delayed which is 
violative of the fundamental rights of due process and fair 
trial guaranteed to the accused persons by the Constitution. 
It has also been argued by the learned counsel that FIA has 
sufficient powers under the Federal Investigation Agency Act, 
1974 as well as Anti Money Laundering Act, 2010 to 
constitute JITs (if required). Therefore, there is no need for 
this Court to appoint a JIT. 
 
4. 
 
As far as jurisdiction of this Court is concerned, 
reference has been made to Imran Ahmed Khan Niazi v. Mian 
Muhammad Nawaz Sharif (PLD 2017 SC 265). It has also 
been argued that M/s Nimar Majeed, Mustafa Majeed and Ali 
Kamal Majeed are not involved in the matter, however, their 
names have been placed on the Exit Control List (ECL) which 
is not justified.  
 
Human Rights Case No.39216-G of 2018 
 
6
5. 
 
Mr. Aitzaz Ahsan, learned Sr.ASC, has inter alia 
contended that this Court is generally slow to appoint JITs in 
cases where an FIR has been lodged or the matter has been 
sent for trial to a Court of law. He has further argued that 
name of Mr. Najaf Quli Mirza, ADG, FIA may not be included 
in the JIT owing to the fact that one of the accused persons 
has lodged an FIR against him and the impartiality of the said 
person has been brought under question. It is argued that JIT 
can be constituted only where the Head of the concerned 
investigation agency expressly unwilling to act.  
 
6. 
 
We have heard the Director General, FIA as well as 
learned counsel appearing for some of the accused persons. 
From the record produced so far, prima facie it appears that 
fake accounts have been opened in various Banks in the 
names of persons whose NICs have been misused without 
their consent or knowledge. Many such persons have 
appeared before us and have categorically stated that they 
have no knowledge of the accounts in question. Some of them 
have also complained of systematic harassment and prayed 
for protection. There is no denial of the fact that huge sums of 
money running into billions have been deposited in the said 
accounts by or on behalf of the persons who are under 
investigation or entities controlled by them. After being 
deposited in the said accounts, such funds have either been 
routed to other accounts which are traceable with some due 
diligence or withdrawn without any ostensible trail available. 
Evidence of large sum of foreign exchange being routed out of 
Pakistan through hawala transfers by one of the arrested 
suspects has added 
an additional dimension to the 
investigation. Further, we find that specialized knowledge of 
Human Rights Case No.39216-G of 2018 
 
7
financial transactions and expertise in identifying and tracing 
movement of funds through banking channels and otherwise 
is required, in order to conduct a proper probe and 
investigation 
in 
the 
matter. 
Expertise 
in 
working 
of 
Companies, banking transactions, electronic transactions and 
cyber activities relating to money transfers is needed. 
Knowledge of reporting requirements and monitoring regime 
put in place by the State Bank of Pakistan, modes of 
discovering and tracing suspicious transactions and modes 
utilized for unlawful circulation and movement of money 
within the country and abroad is required. Such specialized 
expertise is not presently available within the FIA. Further, in 
view of the fact that this Court has taken Suo Motu notice of 
this matter and considering the request made by the Director 
General, FIA and the difficulties expressed by him, we are 
convinced that it is in the interest of justice and to ensure 
that national resources and national wealth which belong to 
people 
of 
Pakistan 
is 
not 
looted, 
plundered 
or 
misappropriated, a high powered and highly skilled JIT is 
required to be set up. 
 
7. 
 
Learned counsel for some of the accused persons 
while making their submissions have frankly conceded that 
this Court has ample powers and jurisdiction in terms of 
Article 184(3) of the Constitution to appoint and nominate 
such JITs. The concession by the learned counsel for the 
suspects that a JIT can be constituted by the investigating 
agency under the Anti Money Laundering Act, 2010 renders 
their objection to such action by the Court to be academic. In 
fact an order passed by the Court in this behalf is a valid 
exercise of jurisdiction in aid of a lawful object. We are of the 
Human Rights Case No.39216-G of 2018 
 
8
view that in appropriate cases, technical inability to 
undertake a complicated modern day investigation furnishes 
a reasonable basis and justification to constitute a JIT. We 
are in no manner of doubt that in the present case formation 
of a JIT is imperative and necessary.  
 
8. 
 
Accordingly, we constitute the following JIT for the 
purpose of conducting a thorough, in depth and incisive 
investigation and probe into the matter of fake bank accounts 
subject matter of these proceedings to get to the truth, 
uncover the persons involved and collect all material evidence 
for the purpose of ensuring that in case an offence is made 
out, the persons involved therein are properly prosecuted:- 
1. Mr. Ahsan Sadiq, Additional Director General 
(Economic 
Crime 
Wing), 
FIA 
Headquarters, 
Islamabad; 
 
2. Mr. 
Imran 
Latif 
Minhas, 
Commissioner-IR 
(Corporate Zone), Regional Tax Office, Islamabad; 
 
3. Mr. Majid Hussain, Joint Director BID-I, State 
Bank of Pakistan, Islamabad; 
 
4. Mr. 
Noman 
Aslam, 
Director, 
National 
Accountability Bureau, Islamabad; 
 
5. Mr. 
Muhammad 
Afzal, 
Director, 
Specialized 
Companies 
Division, 
Securities 
& 
Exchange 
Commission of Pakistan, Islamabad; and 
 
6. Brigadier 
Shahid 
Parvez 
of 
Inter-Services 
Intelligence.    
   
9. 
 
We also direct as follows:- 
i)  
The JIT shall set up its Secretariat at a place 
convenient to it; 
 
ii)  
The JIT shall have all powers relating to 
inquiries and investigations including those 
available in the Code of Criminal Procedure, 
1908; National Accountability Ordinance, 
Human Rights Case No.39216-G of 2018 
 
9
1999; Federal Investigation Agency Act, 1974 
and the Anti Corruption Laws, etc; 
 
iii)  
All executive authorities or agencies in the 
country shall render assistance and provide 
support to the JIT in its working, if required;  
 
iv)  
The JIT shall submit periodic reports before 
this Court qua the progress made in the 
investigation on fortnightly basis under 
sealed cover for our examination;  
 
v)  
The Additional Director General, FIA, who 
shall head the JIT may co-opt any other 
expert who may in his opinion be necessary 
to complete the investigation in an effective 
and timely manner; and  
 
vi)  
First Report of the JIT shall be filed within a 
period of 15 days from today.  
 
10. 
 
In order to ensure that the investigation is 
conducted in a professional, transparent and effective 
manner, neither the JIT nor FIA nor any of the Members of 
the JIT shall issue press releases or provide information 
relating to the investigation to the media.  
 
11. 
 
Further, owing to the apprehensions about the 
safety of the investigators expressed by DG, FIA, in the first 
instance, we direct Pakistan Rangers to provide adequate and 
effective security to the investigators and to ensure that they 
perform their functions without any fear to their life or liberty 
or that of their families. Such protection shall also upon 
request be provided to the witnesses.  
 
12. 
 
The request of the Director General, FIA that 
investigation may be transferred to and conducted in 
Islamabad is for the time being declined. However, in case, 
any material, ground or information comes before this Court 
Human Rights Case No.39216-G of 2018 
 
10
showing interference in the investigation or an attempt to 
hamper, delay or obstruct investigation or creating an 
environment of fear and pressure for the investigators, the 
said request will be re-examined at that stage for passing 
appropriate orders.       
 
13. 
 
Let 
this 
matter 
be 
listed 
for 
hearing 
on 
24.09.2018.  
 
Chief Justice 
 
 
Judge 
 
 
Judge 
 
 
ISLAMABAD, THE  
5th of September, 2018 
Not Approved For Reporting  
ZR/* 
