PESHAWAR: An accountability court here has confirmed freezing of 75 bank accounts and two plots of the directors of construction firms awarded contract of the BRT (Bus Rapid Transit) project, in an ongoing investigation accusing them of corruption in the project.

NAB Khyber Pakhtunkhwa’s director general Waqar Ahmad Chauhan issued a freezing order under section 12 of the National Accountability Ordinance, 1999, on March 13 and had referred the same to the court for confirmation.

The administrative judge of accountability courts, Younas Khan, pronounced order of endorsing the decision of the NAB’s director general, after completion of arguments by the National Accountability Bureau representatives and the lawyers appearing for the three directors.

The two companies are part of a joint venture also including a Chinese firm, which was awarded the BRT contract.

NAB launched inquiry in 2022 against directors of construction firms’ alleged corruption

The three directors had last year filed petitions in Peshawar High Court against the investigation started by NAB against them. The court had allowed the bureau to continue with the investigation but had stopped it from arresting the petitioners.

The NAB’s additional deputy prosecutor general Mohammad Ali and its prosecutor Manik Shah appeared before the accountability court and contended that the bureau had started investigation regarding alleged corruption in the project by the contractors.

They stated that the bureau’s DG had issued the freezing order under section 12 of the National Accountability Ordinance 1999.

They stated that the said provision empowered the bureau to order the freezing of property or part of it of an accused person if there appeared reasonable grounds for believing that the accused had committed such an offence.

The lawyers appearing for the directors argued that freezing of their accounts was an illegal act as the director general had no such powers under the law.

They stated that the project was carried out by a joint venture of three companies also including a Chinese firm, but no action was taken against the latter.

They said that JV contractors had also approached the International Court of Arbitration by invoking the provisions of the contract seeking payment of Rs57 billion on account of outstanding disputed amount.

They argued that under the contract the bureau had no authority or mandate to look into BRT project and harass them.

They further contended that the disputes, if any, arising out of the BRT contracts were required to be adjudicated by and decided through a three-tier redressal mechanism, including a dispute board, as per the contract agreements and the NAB got no right to influence and cause impediment in the process of that mechanism.

They stated that in the contracts between the parties, a comprehensive three-tier dispute resolution mechanism had been provided which was prepared and penned down by the Asian Development Bank through internationally-recognised legal experts.

Replying to their arguments the NAB representatives stated that the chairman had the power to assign any officer to freeze a property.

It is pertinent to mention that the NAB had started an inquiry in 2022 that was completed in March 2023 following which it was converted into investigation.

Published in Dawn, March 30th, 2024