HYDERABAD: National Accountability Bureau (NAB) has filed plea for transfer of multibillion rupees land scam case of M6 motorway to Hyderabad accountability court from special judge of anticorruption (provincial) Hyderabad in the interest of justice.

Keeping in view gravity of the offence and reasonable possibility of the recovery of the embezzled amount through plea bargain process under section 25(b) of National Accountability Ordinance (NAO), 1999, it would be just and proper to transfer the case to the accountability court, argued the NAB prosecutor.

The special judge of anticorruption would pass order on the NAB plea on Jan 24 and also pass the order on pre-arrest bail application of the three remaining accused in the land scam case.

The application was filed by NAB prosecutor in December and on Wednesday the court heard arguments of NAB and Sindh government’s prosecutors.

The NAB cited 11 accused in the case including then deputy commissioner of Matiari Adnan Rashid, then assistant commissioner of Saeedabad, Mansoor Ali Abbasi, Sindh Bank’s area manager Tabish Ali Shah, Mir Mohammad Suhag, Sindh Bank’s branch manager Raheel Ahmed Shaikh, the bank’s operation manager and seven others.

NAB assistant director Irfan Ali had submitted the application to the court on behalf of NAB chairman Aftab Sultan.

The prosecutor said that NAB Karachi had instituted an inquiry against Adnan Rashid and others. The accused had committed offence of corruption and corrupt practices as defined under section 9(a) punishable under section 10 of NAO read with schedule of offences thereto and consequently caused loss to national exchequer, he said.

He claimed that one of objects of NAO 1999 was to recover public money and retrieve other assets from the persons who had misappropriated, embezzled or removed such money or assets through corruption and corrupt practices by misuse of power or authority.

The NAO had primacy over all contemporary legislations, therefore, it was imperative that proceedings be transferred to accountability court Hyderabad to ensure expeditious recovery of the embezzled amount, he said.

He relied on section 3 of NAO which said “provision of this ordinance shall have effect notwithstanding anything contained in any other law for the time being in force”.

He claimed that section 16-A(a) of NAO was to be read in conjunction with its section 3 which gave it overriding effect over all other laws in force. Trial of the same offence before two forums was violation of Article 13 of Constitution and section 403 of Cr.PC, therefore to avoid legal position it was necessary that the abovementioned case be transferred under section 16-A(a) of NAO to the accountability court, he said.

Moreover, he said, the transfer of the case was necessary for avoiding conflicting judgments.

Sindh government’s prosecutor Mazhar Ali Siyal opposed the transfer of the case on grounds that the cases being cited by NAB to seek transfer of case had different nature. He said the final challan in the case had not been submitted yet and recovery of Rs42,126,250 had been made by authorities.

He said that investigations were still under way and three accused had been arrested by anticorruption establishment (ACE) which had already taken cognizance of the case, adding the ACE had produced results in the case.

He said that question of the transfer of the case could be considered when final report was submitted. Some accused had obtained interim pre-arrest bail and their bail applications were also to be confirmed or otherwise by the court, he said.

He said that it was premature to seek transfer of the case or decide this application.

The case pertained to embezzlement of around Rs2.3bn in land acquisition for M6 motorway. National Highway Authority had transferred the money to district administration’s account for the acquisition of land for the motorway.

Published in Dawn, January 6th, 2023