ISLAMABAD: The National Accountability Bureau (NAB) on Thursday moved the Islamabad High Court against the recent acquittal of Pakistan Tehreek-i-Insaf (PTI) leader Dr Babar Awan and former law secretary retired Justice Riaz Kiyani in the Nandipur power project reference.

NAB’s deputy prosecutor general Muzaffar Khan Abbasi has filed two identical appeals claiming that the accountability court has drawn premature conclusion without considering the Supreme Court’s judgement and examining the prosecution’s evidence.

The accountability court had on June 25 acquitted Dr Awan, who held the law minister’s portfolio in the Pakistan Peoples Party-led government, and former law secretary Kiyani in the Nandipur reference before concluding the trial proceedings. The court, however, rejected the acquittal plea of former prime minister Raja Pervez Ashraf in the case.

Bureau says trial court has drawn premature conclusion without considering apex court’s judgement

In the appeal, NAB declared Dr Awan as main accused in the reference and stated that “by prematurely acquitting him…the trial court has adversely damaged the prosecution case…it [is] tantamount [to] extending favour to the other accused persons.”

In the reference, NAB had contended that the project had faced a delay of two years, one month and 15 days, resulting in a loss of Rs27.3 billion to the exchequer. The project, located in Gujranwala district, could not be completed and operated on time because Dr Awan and Mr Kiyani failed to issue legal opinions.

The Economic Coordination Committee of the cabinet had approved the Nandipur power project on Dec 27, 2007, at a cost of $329 million.

Giving a background of the case, NAB in its appeal stated that the Supreme Court had on Oct 26, 2011 constituted a judicial commission consisting of retired Justice Rahmat Hussain Jafferi to determine the responsibility for causing delay in the initiation of the project. The commission conducted the inquiry and concluded that the law ministry caused inordinate delay in commencement of the project.

The accountability court had on March 11 this year framed charges against seven accused persons, including Dr Awan.

As per the charge sheet, Dr Awan is facing the charge that the Nandipur “issue was many times brought into your [Awan’s] knowledge for resolving this pending serious issue along with consultation with concerned ministries as per directions of the Cabinet Division and PM Secretariat and for issuance of legal opinion but you accused in connivance with [other] accused…knowingly did not protect the national interest”.

According to the NAB appeal, the prosecution cited 35 witnesses in the calendar of witnesses and they were supposed to testify and the accountability court recorded statement of four witnesses when Dr Awan moved the acquittal plea.

It added that the prosecution witness had deposed that the Ministry of Water and Power has repeatedly requested the law ministry to issue “sovereign guarantee” in favour of the consortium of foreign banks.

NAB claimed to have “sufficient oral and documentary evidence against the accused person [Awan] especially the prosecution witness Syed Naveed Qamar, ex-minister for water and power”, as well as other officials of the law and water and power ministries.

“But the learned accountability court while ignoring the oral as well as documentary evidence of the prosecution passed the impugned order in a hasty manner and acquitted the respondent [Awan],” it added.

The appeal further stated that Dr Awan being the government official had not saved the interest of the state and with mala fide intention lingered on the matter knowing the government of Pakistan was facing the energy crisis and caused a loss of approximately Rs27.3bn to the national exchequer.

NAB termed the acquittal of Dr Awan “grave miscarriage of justice” as the court “has throttled the prosecution case and has drawn premature conclusion without allowing the prosecution to produce the evidence and prove the case”.

In the appeals, NAB requested the court to set aside the acquittal of Dr Awan as well as former law secretary Kiyani.

Published in Dawn, July 5th, 2019