ISLAMABAD – Chief Justice Iftikhar Mohammad Chaudhary on Wednesday hearing the embezzlement of billions of rupees in International Security Assistance Force (ISAF) containers case observed that revelations made in the Federal Tax Ombudsman report is just the tip of the iceberg, as further investigations could divulge much more.
The Federal Tax Ombudsman submitted a comprehensive report regarding fraud in the garb of Afghan Transit Trade, which testified that large number of containers carrying Afghan trade goods have been pilfered inside the country.
The report has made a startling disclosure that more than 50,000 transit containers have been pilfered within Pakistan that have caused a huge loss of approximately Rs19 to Rs37 billing to the countryÂ’s economy during the last four years. A three-member bench of apex court comprising Chief Justice Iftikhar Mohammad Chaudhary, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday, while hearing the ISAF containers case ordered the authorities concerned to take a strict action against those involved in the case and issued them notices.
The Court on September 30, 2010 had directed the Federal Tax Ombudsman to file a comprehensive report over the permission of contraband items under the garb of food supplies to the ISAF in Afghanistan under the Afghan Transit Trade Agreement (ATTA). The court also sought a comprehensive report over 10,000 to 11,000 containers of ISAF which went missing from Karachi, as Customs has no record of these containers.
The Chief Justice said, “We have gone through the report, which is not only comprehensive to the point with the reference mentioned in the complaint of smuggling of foreign goods in the name of Afghan Transit Trade.”The report prima facie concluded that action is required to be taken against all the concerned officials of Customs. The court stated that for the sake of justice it would be appropriate to provide them an opportunity of hearing so they may also forward their comments in view of the report prepared by Federal Tax Ombudsman.
The court directed Chairman Federal Board of Revenue Salman Siddique to assist the court and provide a list of all officials, including former chairperson of CBR/FBR, who was holding the position from January 1, 2007 to December 24, 2010, the Members of Customs (Customs Collectors Karachi Port and Port of Qasim, Collectors of Quetta and Peshawar, Secretaries Commerce and Finance, Director General Customs Intelligence and Investigation and the relevant officers of NLC who were hold the charge during that period. The court said that the Chairman CBR might also identify any other officer, prima facie involved in the alleged corruption, so he may be summoned.
The court directed the FBR counsel to furnish the list by January 20, 2011 along with copies of the report prepared by the FTO, which shall be obtained from the office of the FTO as we have been given only six copies. On receipt of the names as mentioned above the office shall issue notices through the FBR for affecting service upon them. However, notice would be served on the DG NLC by the office itself.
The officers/officials to whom notices are issued are directed to file their comments, particularly in respect of the period during which they were holding the charge of the above posts.
The Chief Justice observed that right from top to the bottom officials are involved in the case. The Chief Justice asked the FBR chairman to proceed against the officials allegedly involved in the case, get them handcuffed and present their report in the court. The chairman FBR replied, “We have to take some measures and finalise the nitty-gritty of the plans.”
Justice Ramday said, “If someone is in this illusion that by deputing a person of his choice could influence the investigation is wrong, because the court would itself control the investigation.” He asked whom they could depend? If the economy will be bad then how would the country be run? Justice Ramday said, “Like Haris Steel Mills’ case the court could control the investigation of this case as well.
The Chief Justice asked Salman that if you have time then travel from Quetta to Chaman by road. The CJP said in the presence of Customs officials and the Levies goods are being smuggled in and out of the country, but no one is there to question them. He said because of smuggling the national exchequer faces a loss of $2 billion every year.
The Chief Justice further said that even the Islamabad markets are flooded with the smuggled goods. Justice Ramday said that the domestic barrowing have reached Rs4008 billion since 2008 to 2010. The court wondered that besides the smuggling of alcohol and arms, what else is being smuggled on the pretext of Afghan trade.
The case is adjourned till 27th January.