RPPs case: NAB ‘discreetly’ ends probe without informing SC

Prosecutor general requests apex court for more time to conduct investigations.

LAHORE:

The National Accountability Bureau has discreetly ended its investigation into the high-profile Rental Power Plants (RPPs) corruption case involving former prime minister Raja Pervaiz Ashraf last month without informing the Supreme Court.

In fact, not only was the SC not kept in the loop, NAB also sought more time from the apex court on Wednesday to conduct further investigations despite already closing the case.

During Wednesday’s proceedings, which were headed by Chief Justice Iftikhar Muhammad Chaudhry, NAB Prosecutor General (Accountability) KK Agha requested the court to grant an extra month to the bureau so that it could complete its investigation. This time, Agha said, was needed to comply with the court’s orders regarding the filing of references against the accused before the accountability court and for initiating action against them.

But official documents available with The Express Tribune reveal that the investigation into the RPPs scandal was ended three days before the end of the Pakistan Peoples Party-led government’s tenure.

On March 13, the executive board meeting of NAB closed the investigations into the alleged corrupt practices and misuse of authority in awarding the 192 megawatts RPP contract to Pakistan Power Resources Piranghib Multan.

According to the documents, the investigation was closed on the grounds that “Since there is no money trail, Mens rea (guilty mind or intent) cannot be proved and there is only violation of Public Procurement Regulatory Authority Rules and it appears that the violation was resorted to [in order to] save money.”

Similarly, the anti-graft body also ended its investigation into the 150MW RPP contract which was awarded to Techno Engineering Services (Pvt) Ltd at Sahuwal, Sialkot, causing Rs20.44 million in losses to the national exchequer.

The contents of the meeting’s decision regarding this case reads: “Investigation Officer failed to collect any evidence about a criminal act and the money trail so mens rea cannot be established, and there is only violation of PPRA Rules and it appears that the violation was resorted to save money. The investigation into the government functionaries is closed except the company, which should be offered Voluntary Return if any amount is due against them.”

The reasons given by NAB to justify the closure of the investigation suggest that many high profile government officials who were allegedly involved in corruption amounting to billions of rupees have been given a clean chit.

The winding up of the cases, at least by NAB, is good news for the accused, which include Ashraf, former finance minister Shaukat Tarin, former finance secretary Salman Siddique, former water and power secretary Shahid Rafi and former establishment and water and power secretary Ismail Qureshi, among others.

The copy of the letter pertaining to the minutes of the EB meeting held on March 13 at NAB headquarters was issued with the stamp and signature of Brigadier (retd) Farooq Naseer Awan, the principal secretary to NAB chairman.

The Supreme Court on January 15, 2013 had ordered NAB to arrest former premier Ashraf and 15 others, including Tareen.

A three-member bench headed by Chief Justice Chaudhry also directed NAB to submit a report on January 17.

The court said that, on the face of it, the accountability body’s investigating officers case were not being allowed to ensure the implementation of the court’s judgment in letter and spirit.

Kamran Faisal, one of the lead investigators in the case was also found dead on January 18.

Published in The Express Tribune, April 25^th, 2013.