National Bank of Pakistan (NBP) informed the apex court that Omni Group had pledged over 250,000 bags of sugar with the bank but those were transposed, which is a crime Naeem Bukhari Advocate, representing NBP, told a three-judge bench that Omni Group had pledged over 250,000 sugar bags to the bank but those were missing as they have shifted them to some other location, adding the company has committed breach of trust, which is a criminal act. He said that NBP is custodian of public money and it should not be treated like other banks.
The Chief Justice asked him to go and file a case if the bank deems that fraud has been committed with it. "I had the impression the agreement has been made but what Naeem Bukhari informed is quite surprising," remarked the CJP.
The court was hearing a suo motu regarding money laundering through fake bank accounts that also involves the Pakistan Peoples Party's (PPP) top leadership.
Advocate Munir Ahmed Bhatti, counsel of Omni Group, said that the NBP said that agreement has been reached with the company but Naeem Bukhari's statement is quite surprising for him. He requested the court to allow him to meet his client Abdul Ghani Majeed and Hussain Lawai in Adiala Jail for getting instructions. The Chief Justice allowed his request and asked to meet his client that day (Wednesday) and after that they will take up the case at night in the chambers.
The NBP lawyer informed that the bank's officers are being threatened. Munir Bhatti said if the case is heard in chambers then he would tell the name of officers who phoned his clients and pressurised them. The Chief Justice said then he would also present audio clip of the conversation, adding; "If that happens then many people would go to jail. Sindh government officials are being dictated from the jail." the Chief Justice further said.
After meeting the Chief Justice in chambers, Munir Bhatti informed Business Recorder that all banks, except National Bank, have agreed to settle the matter with the Omni Group.
According to Bhatti, the NBP does not like to settle the matter despite they have agreed to pay Rs 1 billion by 15th December and the rest of the amount would be cleared in March. He told that the Chief Justice has separated NBP case and asked it to seek remedy by filing case in civil or banking courts.
The case was adjourned until 24th December. Onset of the hearing, Shahid Hamid, another lawyer of Omni Group, said that the settlement between banks and Omni Group will be presented. However, Naeem Bukhari said the theft of 2.5 million bags of sugar is a criminal act.
At this, the Chief Justice remarked, "If this is a fraud then you should immediately contact the civil and criminal forums. It seems like all the procedure for the bank guarantee was documented. All those involved in the case will have a case registered against them. There will be an investigation conducted against those involved in the debt and guarantee." The Chief Justice continued, "The Federal Investigation Agency (FIA) will conduct the investigation on the court's order."
However, Hamid said, "Omni Group is not a defaulter. The farmers are in trouble as the sugar mills have been closed down." To this, the CJP said, "The court will take over the sugar mills and will not let anyone go into a loss."
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