Disposing of M/s Axact Private Limited's appeal that has sought return of attached movable and immovable properties on Thursday, the Supreme Court asked the relevant District & Session Judge Karachi to conduct the trial expeditiously but not later than 6 months.
A two member bench of Justice Ejaz Afzal Khan and Justice Qazi Faiz Isa resumed the hearing of a petition of M/s Axact Private Limited, challenging the freezing of the company accounts and vires of the Anti-Money Laundering Act, 2010. Appearing on behalf of M/s Axact Private Limited, Abid S Zuberi claimed that Federal Investigation Agency (FIA) has transferred computer data and carried out a forensic audit of the company so that all the movable and immovable properties of the company may be returned to his client.
Zuberi further said that provisional attachment of a property under the law cannot be attached for more than 90 days. He requested the court to depute a court official on the premises of his client. Accepting the plea, the bench asked the Sessions Judge to depute an officer to ensure that properties of the company are fully guarded and protected.
Opposing the contentions of the company's lawyer, Deputy Attorney General Sajid Ilyas Bhatti said all the attached properties were case properties. Bhatti repeatedly requested the bench to avoid making any order which may benefit the company at the moment because attached property of the case including a server, is one of the real evidence in the current matter. Bhatti further that a total of 34 accounts of the company worth $220 million were seized; however, Zuberi denied presence of any accounts.
A Deputy Director of the forensic cell of FIA Abdul Ghaffar said that through an online education degree cell, the company officials were proficient to sale professional and non professional certificates/ degrees fraudulently by creating names of education institutions and their verification sections as well. Ghaffar also said that the company officials had developed a mechanism to issue education degrees by receiving high prices from the citizens of Gulf countries, the USA and India. While disposing of the appeal after hearing arguments of both the sides, Justice Ejaz Afzal Khan observed that the bench would not encroach upon the power of a trial court.