Islamabad: NICL asks FIA to recover Rs 800m
ISLAMABAD: At a time when the Supreme Court is hearing the mega NICL corruption scandal very seriously, in an extraordinary development the executive director of NICL has written to FIA asking it to recover Rs800 million under the integrity pact signed by Mohsin Habib Warriach in the Airport Road land deal.
The letter has been written on the basis of special audit that had recommended recovery of Rs800 million, which is ten times the looted money of Rs80 million as depicted by the audit. However, the actual differential in market price and the price paid by NICL to the Warraich family has been established at Rs500 million by Nespak and the audit was conducted before the Nespak evaluation.
In the latest case, the ten times of corruption money as per Integrity Pact of PPRA rules 2004 will stand at Rs5 billion which the looters are bound to return under the law.
Under the law of the land and as per the signed agreement of Mohsin Habib Warriach with NICL, the young Warriach is bound to pay ten times of any kind of misappropriated money in the deal and in case of Airport Road land case it is Rs5 billion and because of the strict pressure of the Gilani government the FIA has so far not conducted exact evaluation of the real defrauded land deal of 803 kanals, which according to rough estimates, was sold at more than four times its actual market value.
If FIA follows the law without accepting any pressure from the government, the looter of national money will have to pay more than Rs12 billion, ten times the looted amount in 803 kanal land case.
The letter of ED NICL to Syed Javed Hussain, deputy director FIA, Lahore dated June 28, 2011 bearing No. ED (CS)/2011/116 says: ‘This is with reference to the transaction regarding 20 kanals of land situated at Airport Road, Lahore and in furtherance of our earlier detailed letter of April 08, 2011 on the above subject.’ “We may draw your kind attention to the settlement made with the seller of the said land during the course of FIA investigation under which mortgage of 803 kanals of land was offered as security for timely encashment of ten post-dated cheques as payment of the differential amount. Apparently it has hit some serious snags.
“However, the matter is currently pending in the learned court of the Special Judge (Central) Lahore.
“In addition to the aforementioned security, Mohsin Warraich had also entered into an Integrity Pact with NICL, as required under PPRA Rules 2004, to ensure transparency of the transaction against any kind of unfair means to obtain or induce the procurement of the deal under reference. Under this pact he had categorically declared that in connection with the deal no commission, kickback, gratification, bribe or any fee, whether described as consolation fee or otherwise, shall be given, either directly or indirectly, to any person, whosoever, within or outside Pakistan.
“As you know better than anybody else, the said party to the deal violated this pact that is why NICL is facing the burnt thereof and strenuous efforts are under way to recover the differential amount.
“Therefore, it is again impressed upon you to take necessary steps to recover/secure the amount determined by the team of Special Audit i.e. Rs800 million against the seller Mohsin Warraich (para five of the audit report for the years 2008-2010) who is liable to pay the same under the said pact. Needless to add that this liability is essentially an integral part of the whole transaction and the other party has no valid excuse to find an escape from it”, says the NICL letter. Saeed Aslam Raja, ED NICL, was not available and did not respond to sms messages sent by this correspondent. However sources close to ED told this correspondent that Saeed had hinted at rewriting to FIA in a few days correcting the figure of Rs800 million with Rs5 billion of the recoverable amount.