Senior Commerce Minister Makhdoom Amin has denied charges of financial embezzlement in NICL scam. Chaudhry Moonis Elahi, son of senior Minister Chaudhry Pervez Elahi, is also facing such charges and his case is in the Lahore High Court (LHC). Former Chairman of NICL, Ayaz Khan Niazi is in Karachi Jail whereas some key accused are still at large.
According to Senior Commerce Minister, in the "NICL scam", some adverse references against him and his family have been appearing in the newspapers and electronic media for the last one month or two.
"I have sent a legal notice through my lawyer Mr. S. M. Zafar, Sr. Advocate Supreme Court, to some newspapers for correcting misreporting," he added.
Fahim is of the view that being a responsible and busy member of the federal cabinet and holder of other political offices, it may not be possible for him nor appropriate to individually address each and every question of different newspapers and TV anchor persons.
Hence, he has decided to send to the media a fact-sheet to note that these facts conclusively prove that he and his family were dealing with Muhammad Zafar Saleem for an independent transaction, different and separate from the transaction that resulted in the scam of NICL.
Makhdoom Amin has presented his case in the following manner:
"i) On 23rd of January 2009 (much before NICL issue was taken up by the Supreme Court), Muhammad Zafar Saleem and Mrs. Rizwana Amin, my wife, entered into a sale agreement for the sale of her House No 75/11, 25th Street, Phase VI, DHA, Karachi.
"ii) Mrs. Rizwana Amin was obliged to sell her house to pay for the loan that she and our family had taken from Standard Chartered Bank and Mr. Zafar Saleem agreed to pay eight crores to her for discharging the said debt so that on payment of the loan the redeemed property could be sold and registered in the name of Muhammad Zafar Saleem.
"iii) Muhammad Zafar Saleem paid a sum of Rs 25,00,000/- as earnest money and was supposed to pay [the] remaining Rs 7,60,00,000/- within 10 months ie before 22/01/2010.
"iv) That the sale agreement had authorised Muhammad Zafar Saleem to deposit the sale price directly to the bank towards the satisfaction of the loan.
"v) Muhammad Zafar Saleem deposited a sum of Rs 41 Million through a cheque issued by one of his relatives (Khawaja Akbar Butt).
"vi) Unfortunately, . Muhammad Zafar Saleem died in a plane crash in July 2010 and he and his family in spite of legal notices were unable to pay the remaining amount.
"vii) That my wife Mrs. Rizwana Amin was left with no other alternative except to file a Civil Suit No 793/2011 in the Sindh High Court against the legal heirs of Muhammad Zafar Saleem.
"viii) The heirs of Muhammad Zafar Saleem accepted the liability under the agreement dated 23rd of January 2009 but pleaded inability to pay and sought a compromise on the terms that they would pay 10% as penalty on the amount paid while Mrs. Rizwana Amin will return the remaining amount of Rs 40,050,000/- to the heirs of Muhammad Zafar Saleem.
"ix) Such a compromise deed was filed before the Sindh High Court who after recording the statements of the respective counsels, decided the suit, cancelling the sale agreement dated 23-01-2009 in terms of the compromise.
"x) Finally, an amount of Rs 4,00,50,000/- was returned to the legal heirs of Muhammad Zafar Saleem and not to NICL or FIA.
"xi) That the heirs of Mr. Muhammad Zafar Saleem found it convenient/appropriate/necessary to return this amount to the relatives of Mr. Muhammad Zafar Saleem (Khawaja Akbar Butt) who has nothing to do with me or with my family.
"xii) That on the last date of hearing of the case in the Supreme Court, FIA representative accepted every term of the agreement and the final compromise as spelled out by me above and the learned Chief Justice has noted in his order that an amount of Rs 4,00,50,000/- has been paid to and received by the heirs of Mr. Muhammad Zafar Saleem.
"xiii) I and my family were trying to sell the property of my wife to pay the debt to Standard Chartered Bank and entered into a transparent and valid agreement for the sale of the property which has been finally concluded through cancellation of the agreement and return of the amount minus 10% penalty. Accordingly, although Mr. Muhammad Zafar Saleem had deposited Rs 4,10,00,000/- and had additional paid Rs 3,500,000/- as earnest money (total Rs 4,45,00,000/-, the amount returned to them as Rs 4,00,50,000/-.
"ixx) Neither do I have anything to do with the property that was sold to NICL allegedly at a higher price nor with the decision between NICL and the sellers of the land which became part of the scam."
Makhdoom Amin Faheem has requested the media not to repeat any of the following allegations against him and his family members:
"i) That we received any amount that was a part of the so-called illegal purchase at a high price by the NICL.
"ii) That I or any member of my family ever agreed or paid any money to FIA.
Mrs. Rizwana Amin instead paid an amount of Rs 4,00,50,000/- to the heirs of Mr. Muhammad Zafar Saleem on account of cancellation of agreement dated 23rd January 2009."
According to the Senior Commerce Minister, all the documents relevant to prove the above facts are with the firm Zafar Law Associates, and if any media person is interested to see or have a copy of them can approach the law firm.
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