ISLAMABAD, Jan 9: The Supreme Court on Tuesday issued notice to NAB to present complete record of a case in which one accused alleged that the graft law enacted for the accountability of public office holders was being applied discriminately.
All those public office holders who had connived with him in the commission of alleged corruption were not touched by the NAB.
A three-member bench, comprising Justice Ch Muhammad Arif, Justice Qazi Muhammad Farooq and Justice Mian Muhammad Ajmal, after hearing Barrister Khalid Anwar, counsel for the petitioner Abdul Qadir Memon, argued that at least 20 officials were involved in the alleged corruption and if the award of the contract to him was wrong then all those responsible officials should also be taken to task.
Attempting to establish a case of discrimination, the counsel contended that his client was awarded the contract for construction of a building and of its sale later on, and he was charged with corruption. But those who awarded the contract in their capacity as members of the board and approved the sale had not been touched.
The counsel argued that NAB law was mainly enacted to check corruption by the public office holders, but in the instant case a distinction had been made as no government official was charged or arrested or any case filed against him or her.
He said the construction contract was awarded to the accused after due process and approval of the Board of Directors and the papers bore signatures of 20 officials who had approved it.
He further submitted that his client had been denied bail by the Sindh High Court on a statement recorded by police under Article 161 of General Manager, Sindh Cooperative Bank, Muzaffar Ali Zafar, as the Court could not rely on it. He said that Mr Zafar was also present in the meeting of the committee which awarded contract to Rafiq Memon. He submitted that the GM should also have been arrested in this case.
He said that at no stage the prosecution said that the loss was incurred due to construction, but actually the loss was because of sale of the building.
Khalid Anwer said that the main accused and two co-accused had already been granted bail in the case, but his client had been denied this.
Prosecutor General Raja Bashir, opposing the bail application submitted before the court that the main accused had been released on bail because there was no evidence against him except the statement of the State witness.
Raja Bashir said that the building was sold for Rs13.9 million while according to an estimate its value was Rs30 million.
The case was adjourned till January 21.