ISLAMABAD, Feb 22: The Supreme Court on Tuesday admonished the National Accountability Bureau (NAB) and directed it to state in clear terms if it wanted to withdraw a corruption reference against Federal Minister Faisal Saleh Hayat.
"Do not throw the matter to the court," observed Chief Justice Nazim Hussain Siddiqui, who was heading a three-member bench hearing a reference of wilful default of Rs691 million against Minister for Kashmir Affairs and Northern Areas Makhdoom Syed Faisal Saleh Hayat.
"Infact the NAB wanted to use our shoulders to get a decision," observed Justice Javed Iqbal, also member of the bench. The court, however, adjourn the matter for March 2 with a direction that it would decide the case on merit.
At the outset, NAB Deputy Prosecutor General Abdul Basir Qureshi filed an application before the bench asking the court to pass an appropriate order on 'finishing' off the reference because the SBP governor had approved recommendations of a reconciliation committee about the rescheduling of the loan.
He said, the recommendation of such reconciliation committee was binding on the NAB chairman, who had to give reasons in case he differs. At this the chief justice observed that on Monday the DPG had informed the court that the NAB wanted to withdraw the reference but "we have read in newspapers that it had denied moving any application in this regard".
Moreover, the NAB had also not mentioned in its application about the withdrawal of the case in clear terms. "The NAB will have to give a clear-cut undertaking if it wanted to withdraw the reference," the chief justice observed while declining to accept the application filed by the DPG. "If the NAB does not want to withdraw the reference, it is OK, but do not throw the matter to the court," the chief justice observed.
On Monday, the bench hearing an appeal of Shahida Faisal, wife of the minister, against wilful default of a bank loan drawn in favour of Shah Jewna Textile Mills, was told that the NAB had decided to withdraw the case against Faisal Saleh Hayat. But later in the evening, the NAB clarified that it had not moved any application before the court seeking withdrawal of the case. Earlier, Abdul Hafeez Pirzada, the counsel for the petitioner, had told the court that Mr Hayat had settled loan with the UBL.
