ISLAMABAD: The National Accountability Bureau appears to be more interested in arresting people than investigating their alleged offences, the Islamabad High Court (IHC) observed on Tuesday.

A division bench made up of Chief Justice Athar Minallah and Justice Fiaz Ahmed Anjum Jandran was hearing a petition for pre-arrest bail filed by former Sindh information minister Sharjeel Inam Memon.

The bench pointed out that the National Accountability Ordinance (NAO) 1990 empowers the investigation officer to summon records from any federal or provincial government department.

Justice Minallah added that NAB’s eagerness in arresting Mr Memon “shows that NAB is only interested in arresting people, not investigating them”.

The court made these observations after NAB Deputy Prosecutor General Sardar Muzaffar Abbasi argued that the bureau required custody of Mr Memon because some of the records related to the Roshan Sindh Programme were missing.

Division bench hears petition for pre-arrest bail filed by former Sindh minister

The court said the investigation officer could summon the requisite record from the department concerned and has ample power to proceed against the secretary of that department.

Justice Minallah also asked NAB why the investigation officer did not investigate Mr Memon when he was behind bars for almost two years.

The officer replied that he was assigned the inquiry in February 2019, and Mr Memon’s alleged role in it was established in December.

Mr Abbasi claimed that Mr Memon also received Rs70 million in kickbacks from the contractor for awarding a solar lighting project in Sindh. When the court asked if this sum was transferred into Mr Memon’s accounts, he responded that it was transferred to fake accounts.

The court then directed the investigation officer to produce evidence in this regard.

Justice Minallah also asked the prosecution to advance arguments in light of the Supreme Court judgment in the Asfandyar Wali case, which defined the NAB chairman’s powers to issue arrest warrants.

“You should read this judgment first, prepare your arguments and then assist this court,” he told Mr Abbasi.

The court then adjourned further hearing in this matter until next week.

Ex-secretary seeks acquittal

Former federal secretary Ismail Qureshi has petitioned the IHC seeking his acquittal in eight references in which he has been nominated as a co-accused.

Mr Qureshi has argued that under the NAO, a bureaucrat cannot be proceeded against for procedural lapses.

“The essential element which would justify a criminal trial is fulfillment of the condition pertaining to the holder of public office having materially benefitted from such actions by gaining any asset or monetary benefit which is disproportionate of his known source of income or where such benefit cannot be recently accounted for,” his petition stated.

It went on: “There is a further condition that evidence is to be available in the reference to corroborate acquiring of such material benefit. A perusal of the references will show that this condition – precedent for holding of a criminal trial is absent in this case.”

The petition argued that the framing of the charge was unsustainable and void for the purposes of any trial which has yet to take place or has not concluded.

Mr Qureshi has asked the court to acquit him and also restrain NAB from proceeding against him.

Published in Dawn, March 4th, 2020