LAHORE, May 26: An ehtesab bench of the LHC ruled on Monday that the NAB Ordinance 1999 had ‘demeaned’ the offices of the superior courts’ judges.

“Corrective measures are required to be taken in this regard,” Justices Ali Nawaz Chohan and Rustam Ali Malik observed while commuting the sentence awarded to Javed Iqbal Bukhari, a provincial cooperatives former secretary.

The bench commuted the five-year rigorous imprisonment to three years. It also ordered that the petitioner would undergo further imprisonment of two years instead of one year as ordered by the trial court, in case he defaulted in the payment of Rs20 million fine awarded to him for misuse of his official position.

“It is strange to see in the ordinance the demeaning of the status of honourable judges of the Supreme Court/chief justice of the Lahore High Court in connection with the eligibility of a person for the office of a chairman. These offices are equated with a grade-22 office which is a poor reflection of the draftsmanship of the ordinance,” the bench observed, and pointed out that corrective measures were required to remove such anomaly.

The bench further observed that the NAB Ordinance lacked the flexibility to meet the requirements of the multiple situations arising out in white-collar crimes. “But we still think that it is a growing law and it shall improve through legal realism.”

The bench recommended a recurring study of the law for the clarity of its purposes as envisaged in Section 33(c) of the ordinance.

Javed Iqbal Bukhari, with the active abetment of co-accused Ejaz Ahmad Awan, got a Rs23.986 million loan sanctioned out of the Services Commercial Credit Corporation Ltd (SCCCL) in flagrant violation of rules in 1987 which was to be paid off in 1991.

The matter was referred to the NAB and Mr Bukhari finally struck a deal with the bureau and the Cooperatives Board for the repayment of loan in instalments. After payment of the first instalment, the accused allegedly defaulted in the payment of remaining amount. As a result of continuing default, his total liability was calculated as Rs91.26 million.

Upholding the verdict of the trial court, the bench ruled that the loan was not properly secured and the petitioner misused his authority in this regard.

The bench further observed that Mr Bukhari had mortgaged the property of the SCCCL to obtain loan which was not appropriate. The accused should have mortgaged his own property to avail the loan. “The withdrawals made by the petitioner from the SCCCL’s funds were low when he was serving on ex-cadre and their quantum increased after he became the provincial secretary which again reflects his guilt,” the bench pointed out.

The NAB should have accepted the plea bargain application of Mr Bukhari especially when he had made two payments. “Keeping in view the genuine attempts made by him to repay the amount and the cynical impacts on his professional career after being convicted on corruption charges, the sentence is commuted,” the bench observed.