ISLAMABAD: The Accountability Court of Islamabad on Wednesday dismissed applications seeking acquittal of PPP leader Raja Pervaiz Ashraf and others in a reference filed by the National Accountability Bureau (NAB) in connection with delay in commencing the Nandipur power project.

PTI leader Dr Babar Awan and former law secretary retired Justice Riaz Kiani were acquitted in the case last year by the then accountability judge Mohammad Arshad Malik.

Later, judge Malik was himself removed from the court over a video scandal.

Accountability judge Mohammad Azam Khan on Wednesday dismissed the applications of Ashraf, former federal secretary Masood Chishti, Shahid Rafi and other officials of the law and the erstwhile ministry of water and power.

The court dismissed arguments of the defence counsel that in the light of a presidential ordinance on NAB’s powers to proceed against the bureaucracy, the applicant could not be tried for procedural lapses.

PTI’s Babar Awan got clean chit in the same case last year

Concluding his arguments, the defence counsel informed the court that the prosecution could not point out any pecuniary benefit. He said that the case of the prosecution was that the government officials did not complete codal formalities for the project in time.

He pointed out that the recently promulgated presidential ordinance on NAB’s law made it clear that misuse of authority could not be referred as an offence unless there was a solid proof of getting financial benefit.

He pointed out that the prosecution had tabled the entire record related to the case in nine volumes, while key witnesses from ministries of energy, cabinet division and law had recorded testimonies.

He said there was not an iota of evidence that government officials were guilty of negligence in commencement of the Nandipur project.

The National Accountability Bureau, Rawalpindi, had on Sept 5, 2018, filed a reference against seven politicians and officials, contending 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 national exchequer. The project, located in Gujranwala district, could not be completed and operated in time because the accused failed to issue legal opinions.

Meanwhile, the Accountability Court also rejected applications of ex-NAB officials.

Former officials of NAB, including directors general Khurshid Anwar Bhinder, retired Col Subh Sadiq and investigating officer Mirza Shafiq, were facing charges of registering a case against an estate agent instead of actual beneficiaries of a land fraud case.

Published in Dawn, March 19th, 2020