Warrants issued for serving major posted abroad

[sparklingway]

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

 

[sparklingway]

The military has never had to face limelight over such matters and failure to respond to queries will only worsen the matter. The officer concerned should be called back immediately and proceedings against him be started. The ICT Police would not have though of issuing Interpol Red arrest warrants without any evidence. Sending him on a foreign posting was clearly a move to keep him away from being prosecuted at home.

Regard for the land of the law has never been a trait found in our aristocracy or the upper middle class. Defending the criminal is a crime. He should be produced before a court and the trial should go on without any "influence". Clearing his name and following all legal requirements would only go towards establishing rule of the law and would reflect positively on the PA.

 

[yawar saeed khan]

My name is Yawar Saeed Khan and i am the complainant of this case. Since publishing of the sorry of his warrants and then he being declared as a PO by the court i have suffered beyond anyone’s imagination. The accused was not called back in spit of repeated reminders and request by the SSP to the GHQ finally the media picked up the lead and they published in detail the story in the daily news papers. Finally he returned after completion of his UN Mission duty in may 2010 and obtained bail before arrest from the court of additional session judge Islamabad but since he was afraid of his arrest he never appeared in the court as such session judge maintained the orders of the lower court.
It is an irony that a serving officer is involved in a heinous crime with sections 406/109/471/468/420 PPC and is declared a proclaimed offender by the court yet Pakistan Army is not handing him over to the police to face a trial. He is presently posted in Gujranwala cantt and performing his duty. I was left with no choice to approach again to the army on 25th Feb 2011 i sent a letter addressed to AG , CORPS COMMANDER and DGMI updating them the latest position of the case yet till to date nothing has been done to redress my grievance.
On 21st June 2011 I filled a writ petition in the Islamabad High Court bench vide writ petition number 2038/2011 which was accepted and was in the court of honorable justice Muhammad Anwar Khan Kasi and date was fixed for 24th June 2011, the honorable judge after going through the previous record did not issued notices to AG IGP and SSP in the light of previous deliberate delay and passed directions to all for compliance of his orders to immediately arrest all the 04 POs of the case including Major Zubair Ali Khan PA number 3811 of 6 FF regiment.
I am totally surprised and astonished that how can GHQ an institution known with very strict rules and regulations related to personal conduct of an officer could be so lenient in this particular case? Why is this man so important they are not willing to hand him over to the police to face the charges of his crime and guilt? Above all if a person who is accused is of such a low character that he can stab his mother and brother in their back for a petty gain of few hundred thousand rupees can be trusted to continue his service and get further promotions in future can be trusted with top secret information and national secrets?
I am forced to assume that an institution like Pakistan army has also turned like our entire society and they don’t bother much about the character and personal conduct of its officers.

 

[Leader]

Oye Umar Cheema Ayena unko dekho tou bura maan jatay hain...tu kyon apni jaan ka dushman bana howa hai mere bhai....

---------- Post added at 06:52 AM ---------- Previous post was at 06:52 AM ----------

Allah tujhay apnay hifz-o-aman mein rakhay... Amen !

 

[yawar saeed khan]

God bless you Sir,
Your words have put courage into me that still their are people who believes in wrong is wrong and right is right. I wish someone presently sitting at the helms of affairs in the HQ under which the guilty officer is presently serving has the same thinking and my long unending agony come to an end by implementation of the rule of law.
I am not sure if that is ever going to happen or not? But I trust Allah all mighty and merciful who knows everything and he dose his justice in his own way and rules.
I am yet hopeful and waiting for a new shinny dawn to emerge after an unending long painful dark night spread over a period of more then 5 years now.
GOD BLESS YOU AND REWARD YOU FOR SPEAKING THE TRUTH.

 

[AZADPAKISTAN2009]

No one should be above LAW .. if we introduce this Mantra to our Psyche - then we can fight against corruption

Land Mafia - and Stories of Land based corruption is not uncommon in Pakistan

 

[architect_cobb]

God bless you Sir,
Your words have put courage into me that still their are people who believes in wrong is wrong and right is right. I wish someone presently sitting at the helms of affairs in the HQ under which the guilty officer is presently serving has the same thinking and my long unending agony come to an end by implementation of the rule of law.
I am not sure if that is ever going to happen or not? But I trust Allah all mighty and merciful who knows everything and he dose his justice in his own way and rules.
I am yet hopeful and waiting for a new shinny dawn to emerge after an unending long painful dark night spread over a period of more then 5 years now.
GOD BLESS YOU AND REWARD YOU FOR SPEAKING THE TRUTH.

so what did the major then captain Zubair do?

 

[yawar saeed khan]

so what did the major then captain Zubair do?

Ref your Question about role of then Capt and now Maj, Zubair he became a friend of my elder son from a car audio system shop in the blue area Islamabad, though he was at that 5 or 6 years older then my son i did not objected to this friendship considering my respect and very high status of men in uniform due to my very close interaction with army men. I thought it is better that he remain in company of a uniformed officer rather then youngsters with this surety that Zubair will not let my son go on a wrong path.
Captain Zubair use to visit my house very frequently and he became like a family member, he use to call my wife his mother and my older son as his younger brother. He gained trust of me and my family, since my wife was doing a small business of sale and purchase of plots in Islamabad operating it from her home for an additional source of legal income and her pocket money.
Zubair along with his friend Shaikh tajammul one day brought a FARRAD of a land (now the disputed property) and said to her ammi this is a land which belongs to Said Fareen father of our common friend Sadeed Ur Rehman, he wishes to dispose of his land as he is contesting the local body election from Shangla Swat for which he needs fund.
If you buy this land you can make good profit out of it as it is a prime land located near to the proposed Islamabad International Air Port. My wife on my returning home from my business discussed with me about the proposition which Capt Zubair has brought which I out rightly refused on the grounds that land in Fateh Jang is very dirty land and one piece has 10 legal claimants as such I would never approve to get entangled into litigations.
My wife conveyed my reply to Capt Zubair, he asked her to kindly arrange a meeting of him and Shaikh Tajamul with me while she remains present. I met both of them and he enquired about the reason of my hesitation and refusal? i conveyed him my reservations, Capt Zubair smiled and asked uncle is this the only reason? My answer was yes. He pointed towards my wife and said uncle that lady sitting in front of me is my mother and this boy sitting next to her is my younger brother, if someone cheats my mother and my brother you think I will let him go?
Said Fareen is a registered Army Contractor and father of my childhoods class fellow, I take full responsibility of his entire actions. If he dared to do any such thing I will skin him alive, I take full responsibility of this entire deal and its smooth transaction you need not to worry about anything simply consider that your money is as safe as it is with yourself. I stand committed and guarantor on behalf of Said Fareen and Sadeed Ur Reham.
Patwari of the area was hand in gloves with this bunch of crooks and swindler and those all had well planed their plot of which Capt Zubair is the master mind. Patwari did verification of the land as claimed by Capt Zubair, Said Fareen, Sadeed and Shaikh Tajamul that land is 337 kanal 15 marlas consisting in 2 pieces with a front of 1100 ft and 400 ft touching on the main Fateh Jang Road, validating the claim of all four accused of the FIR 333/07 of PS Kohsar.
After verification by the Patwari no doubt was left to a lay man like me as he was the custodian of the revenue record. He did the verification of the claim of all the accused word by word. He issued a FARRAD in 2005 written on it that ZAMEEN HAR QISAM KI BAR KIFALAT SAY PAAK HAY, FARRAD BRAYE SABOOT MILKEYAT JARI KIYA GIYA HAY.
Later on it transpired to me that they all were hand in gloves together in this plot They all sold a trash to us at a Gold rate, the land which Said Fareen own was under court case pending decision since 2003 in The High Court Rawalpindi Bench, the land in question 337 Kanal 15 Marlas is in the name of Said Fareen but he dose not have possession of a single inch of land till to date and it is in 109 pieces not 2 pieces. Where as on the signed sales deed it is written that land is in 2 pieces and is sole property of Said Fareen clear from all sorts of mortgages and litigations and in possession of Said Fareen.
Capt Zubair and Shaikh Tajumal took their commission for the sales of land from us in shape of 2 cheques 1st Rs 200000/ issued in the name of Zubair Ali Khan which he has drawn himself from the bank while signing at the back and tendering his CNIC copy, 2nd Cheque of Rs 60000/ was a cross cheque which is transferred in his bank account in Bank Alfalah, Kharian cantt branch. Besides this when things turned sour we had few meetings with Capt Zubair as he was guarantor on behalf of Said Fareen and his son Sadeed Ur Rehman so to be on safer side I made a secret Audio recording of our entire conversation which lasted more then 30 minutes.
I reported the matter to the GHQ in 2006 when my all efforts of an amicable settlement failed along with copies of the 2 Cheques given to Capt Zubair in lieu of their commission and the copy of the secretly recorded audio conversation as proof of his full involvement in the crime with this assurance that Army will immediately take him to task for his illegal actions but to my utter surprise he was cleared by the investigating team in spite of undeniable proofs of his involvement. I got a reply from the PS Directorate to process my case in a civil court, thus I was forced to lodge a criminal case wide FIR 333/07 with PS Kohsar Islamabad under sections 406/109/471/468/420 PPC.
Rest is all narrated in both the stories run by Daily NEWS in its 2 articles with captions
1 Warrants issued for serving major posted abroad.
2 Serving Army Major declared PO.

The above narration is the truth as it happened, now I leave it to the learned members that after knowing the details of the happenings and the proofs which I have in possession to decide if they can find the officer innocent or guilty with all those proofs against him and others.