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Serving major declared PO in fraud case

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Serving major declared PO in fraud case
Wednesday, April 28, 2010

By Umar Cheema

ISLAMABAD: A serving Pakistan Army major has been declared as a proclaimed offender (PO) by an Islamabad civil court in a land fraud case.

As the accused was sent on a foreign posting although the police wanted him for investigations, Interpol’s help will be sought as the next step to bring him back for trial. The court order has made Major Zubair Ali Khan, the first serving officer declared as a proclaimed offender but he was granted promotion and sent on a foreign posting despite repeated demands of the police for his handover. Senior civil judge of Islamabad, Malik Naeem Shaukat, issued the order three days ago, while taking serious note of his absence. An Army contractor, Sadeed-ul-Rehman and Tajammal Sattar, both co-accused with Major Zubair, have also been declared as proclaimed offenders, the court order shows.

Major Zubair, Sadeed-ul-Rehman, his father Haji Said Fareen and Tajammal, have been accused by one Yawar Saeed in a land fraud case, involving the hard-earned sum of Rs 24 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 from the GHQ but in vain. The complainant lost the last penny he had in bank in this fraud that forced him pull out his son from a flying club, where he was undergoing lessons of Commercial Pilot License (CPL) and have his daughter changed from an expensive school to a public institution.

The Islamabad Police that was investigating the case has already intimated to the GHQ that they would seek Interpol’s help for the extradition of Major Zubair sent on foreign posting despite an FIR registered against him. The police wrote so following the GHQ’s reluctance to produce the wanted officer before the court that first issued his arrest warrants and now declared him a proclaimed offender.

The SSP (operations) Islamabad after 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 did not cooperate in the arrest/handing over the involved accused, the 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.”

Earlier report when warrants were issued:-

Warrants issued for serving major posted abroad
Friday, March 19, 2010
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 ìthe officer needs to be handed over to the ICT Police so that he can be produced before the competent court to face the trial. 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

This thread is a continuation of the previous one titled above, I join this site once I read this thread on this forum and decided to join it with the intension that since lot of members are from the defence forces either serving or retired so they can be the best judge to give their views and opinions which will be helpful to me in understanding physic of the present mind set with the defence personals related to such criminal actions on part of a uniformed officer.
I posted an update of the case with the intension of passing the knowledge to the learned members here but unfortunately today I tried few times to access the above thread while I am signed in but unfortunately when I try to add something to the comments it takes me back to sing in. That means I am being stopped to post anything on a serious matter concerning me and my family’s wellbeing and provision of justice to a family who has been a victim of fraud by a person no one other then a Serving Army officer. This clearly shows that even moderators and administrators of this site do not want the members to know the reality.
Thank you very much Administrators and moderators to deprive me from expressing my feelings and comments.
Due to illegal actions of Major Zubair Ali khan and his other accomplices a family is virtually turned from millionaire to a popper. My son is forced to discontinue his lessons of CPL (commercial Pilot License). My elder daughter had to quit her university in UK and return home leaving her degree incomplete. I have lost my house and my working place and I am rendered jobless since 2008 due to lack of funds as running capitol for smooth running of my business and my work place which I lost due to nonpayment of rent as my whole life savings were looted by the accused officer and his accomplices.
Bravo, Pakistan Army and its senior most officials to think that men in uniform are untouchables and the rules of the land do not apply on you. This is proved long time back when the defiance of the court warrants was done in 2009 and a guilty officer was posted abroad, to save him from the long arm of law, even on his return he was allowed to continue performing his duties without asking him to get cleared first from the FIR though he is a declared PO by the courts.
The biggest reward was given to Major Zubair Ali Khan PA 38111 of 63 FF Regiment was in shape of his promotion to the rank of major while he was the first nominated accuse of FIR 333/07 of PS KOHSAR in return of his gallantry services of looting his so called mother, so called brother and his 3 innocent younger brother and sisters.
Allah has his own way of doing justice and when he do justice then their will be no senior at that time to protect him or all those who have been doing their best to save a brother at arm uniformed criminal.
The action of Major Zubair was an individual act of a person in uniform while violating and defying the service rules, according to the laid down procedure as soon as his criminal action had come to the notice of his superiors. He should have been immediately put to task for damaging and tarnishing the respectable image of the Army and for defiance of the set rules and regulation of service related to defence personals but his well wishers are still trying their best to save him from the rule and law of the land by becoming a party along with him.
 
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