ISLAMABAD: The accountability court on Tuesday dismissed two references filed by the National Accountability Bureau (NAB) against a former chairman and officials of Capital Development Authority (CDA), observing that the bureau could not establish that the accused persons had taken any financial gain.

Accountability judge Azam Khan noted that since NAB failed to substantiate the allegations that the accused had taken financial gains in Diplomatic Shuttle Service (DSS) project and allotment of plots, under the amended law, it lacked jurisdiction to file such references.

Those who have been absolved from the allegations also included ex-member estate CDA retired Brigadier Asad Munir.

Brig Munir committed suicide on March 15, 2019, in Islamabad after he was summoned by NAB in connection with the inquiry in the DSS case.

Accountability court says NAB failed to prove allegations of financial gains against accused in shuttle service project, allotment of plots

Ironically, contrary to the National Accountability Ordinance (NAO) and the Code of Criminal Procedure (CrPC), the criminal proceeding against the accused stopped forthwith after his death. However, the reference cited Brig Munir as an accused at serial number 9.

According to advocate Imran Shafiq, a defence counsel, NAB violated the set principle of law by nominating a deceased person as an accused.

NAB’s reference stated: “The deceased accused being member estate, CDA was the Board member which illegally granted the contract on December 18, 2007 for development of visa seekers facilities and shuttle service at Diplomatic Enclave, Islamabad on BOT [built-operate-transfer] basis to accused Mohammad Hussain without any process of competition/open auction.”

It said the CDA Board approved the grant of licence on the BOT basis to the accused on an annual rent of Rs2 per square foot. NAB termed the entire exercise a “pseudo process.”

After the accountability court threw out the reference, Meena Gabeena, daughter of Brig Munir, tweeted: “He lost his life in March 2019 & blamed NAB 4 torturing, humiliating his honour through a false case. Today on 1st March 2022 it has been proved that he didn’t make any illegal financial gains. B4 his death he asked the CJ not let any1 face what he faced.”

In a suicide note, the retired brigadier stated: “I am committing suicide to avoid humiliation, being handcuffed and paraded in front of the media.

“I request you, the honorable chief justice, to take notice of NAB’s officials conduct so that other government officials are not convicted for the crimes they had not committed.”

He said since April 2017, NAB had made his life “miserable”. He stated that NAB had initiated three investigations and two inquiries against him in the last one year. Questioning the performance of NAB and its investigating officers, he stated: “I am giving my life in the hope that you the honorable Chief Justice will bring positive changes in the system where incompetent people are playing with the life and honour of citizen in the name of accountability.”

In the other reference, ex-chairman CDA Farkhand Iqbal and others were acquitted for allotment of plots in violation of rules and procedures.

The reference alleged that Mr Iqbal, former member CDA Abdul Aziz Qureshi, CDA director general Ghulam Sarwar Sandhu, former director Mehboob Ali Khan and Waqar Ali Khan caused a loss of Rs71 million to the national exchequer.

Published in Dawn, March 2nd, 2022