Summary
- The high court suspended an earlier order of a Karachi magistrate that had ordered Godil’s release.
- The high court therefore allowed the FIA investigating officer to take Godil into custody for questioning and investigation.
- The high court said that any later bail order would have no legal effect after the magistrate’s release order had been suspended.
Farrukh Amin Godil, who was arrested by the Federal Investigation Agency (FIA) in Lahore in connection with the Unity Foods case, was released within a day of his arrest. However, the Sindh High Court has now allowed the FIA to take him into custody for questioning.
The high court suspended an earlier order of a Karachi magistrate that had ordered Godil’s release. It also said that later bail protection given to him would have no legal effect.
The order was issued on September 10 on a petition challenging the decision of the XV-Judicial Magistrate, Karachi East, dated August 30. The high court has fixed September 30 for the next hearing and issued a notice to Godil.
The case relates to alleged financial and corporate irregularities involving Unity Foods. During the hearing, Additional Attorney General Barrister Mohsin Shahwani told the court that Godil was the main accused in the FIR. He said the case involved foreign investment of around Rs44 billion.
The government lawyer argued that the magistrate had wrongly relied on an earlier Sindh High Court order dated April 16. That order had stopped coercive action against Godil in a separate inquiry.
According to the government, the earlier protection was not related to the corporate crime allegations in the new FIR. Therefore, it should not have been used as a reason to release Godil.
The high court agreed with the government’s argument. It said the magistrate dealing with remand proceedings could only decide whether to approve or reject the FIA’s request for remand.
The court said the order releasing Godil was against the law and that the matter should have been placed before a magistrate with the proper jurisdiction.
The high court therefore allowed the FIA investigating officer to take Godil into custody for questioning and investigation.
The court was also told that Godil had obtained protective bail until September 14. The high court said that any later bail order would have no legal effect after the magistrate’s release order had been suspended.
The FIA investigation began after Wilmar Pakistan, a major foreign investor in Unity Foods, complained about alleged financial and corporate irregularities. The Securities and Exchange Commission of Pakistan later sent information about possible criminal offences to the FIA.
The FIA’s Corporate Crime Circle in Karachi registered the case on August 29.
Godil and four other Unity Foods officials — Jalis Edhi, Safdar Sajjad, Abdul Majeed Ghaziani and Amir Shahzad — have also been placed on the Exit Control List.
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