Sindh High Court censures NAB’s performance

Accused’s counsel claims case inflated without evidence

KARACHI: The Sindh High Court (SHC) expressed annoyance with the National Accountability Bureau (NAB) over its performance, especially the delays in completing inquiries and investigations and finalising references in corruption cases.  A two-member bench, comprising Chief Justice (CJ) Ahmed Ali Sheikh and Justice Omar Sial, was hearing the bail pleas of Karachi Development Authority (KDA) director-general (DG) and others, who are accused in the case of China-cutting.

The CJ remarked that the National Accountability Bureau (NAB) officials were not telling the court about those who suffered losses by the sale of the plots. Justice Sheikh mocked the officials that according to them, despite all graveyards of the city being occupied, no loss had been caused to anyone. The construction of the plazas on amenity plots had also not caused any loss to the country nor had the devoured parks and sports grounds, he said. If it was in the NAB officials' hands, there would be no loss even if anyone gets killed because of this. The CJ expressed annoyance that even the coastal belt and Karachi Port Trust (KPT)'s lands have been sold out after being occupied.

Accused's counsel Advocate Amir Naqvi argued that Nasir Abbas had been imprisoned for about a year. He was arrested by the Federal Investigation Agency (FIA) first, and then NAB. Court said that no one who was brought here had any charges, they were only innocent people. The court inquired how many references had been filed against the accused and how many accused had been nominated in each reference. NAB Prosecutor responded that three references had been filed against Nasir Abbas. Court remarked that separate bail pleas would have to be filed in each reference.



Advocate Naqvi argued that Nasir Abbas hadn't committed any crime and hadn't caused any loss to anyone after the plot was leased. He was arrested without inquiry and that NAB didn't have any evidence against him, maintained Naqvi. NAB prosecutor said, however, that there was enough evidence against Nasir Abbas. The investigation officer informed the court that Nasir Abbas was involved in the commercialising of plots and his signatures as the director-general were there on the documents. Plots were retrieved through the cancellation of their allotment. Court sought further arguments from the counsels of accused on February 7.

Deadline for inquiry

The same bench ordered the NAB investigation officer to submit a report after completing the inquiry against a citizen, Ghulam Shabbir Sheikh, in 15 days.

The investigation officer Jawad Ahsan appeared before the court on judicial orders. The CJ had told the NAB DG to ensure the presence of the investigation officer in court. Court inquired the from investigation officer about the progress of the inquiry, to which the officer said that the inquiry had been started in 2017 and was now in its final stages. Details of Sheikh's assets had been gathered, he added. The court ordered the investigation officer to submit a report after completing the inquiry in 15 days.

Illegal appointments

The same bench sought a detailed progress report on Thursday from NAB on the inquiry related to the appointments in Sindh Small Industries Corporation on February 21.

The bail pleas of Muttahida Qaumi Movement (MQM)'s former MPA Rauf Siddiqui, Sindh Small Industries Corporation employees Ghulam Nabi, Umar Bakhs, and others were heard by the bench in which Rauf Siddiqui appeared in court. The investigation officer said that the matter related to the completion of inquiry had been forwarded to the NAB chairman. The court sought another progress report on March 7.

School vans

The SHC summoned the transport secretary along with his policy regarding the accidents occurring in school vans and public transport on February 14. The two-member bench, comprising Justice Muhammad Ali Mazhar and Justice KK Agha, remarked that the school van owners did not care about anything. They don't do anything in order to secure the lives of the children, said the bench.

The court expressed annoyance over the absence of safety measures in school vans. The counsel for Transport Department argued that the use of CNG cylinders was completely banned in school vans and inter-city buses.

Justice Mazhar remarked that the CNG pumps should be restrained through Oil & Gas Regulatory Authority that they shouldn't refill CNG in such vehicles. School van owners don't do anything in order to secure the lives of children. Court inquired that who issues the fitness certificates to such vehicles. Notices are issued which only get printed in the newspapers but who will take the responsibility to implement them.

According to the report of West Traffic SSP, CNG cylinders from around 1,863 vehicles had been removed. Justice Mazhar remarked that new laws should be made now and new mechanisms should be designed.



Contempt plea

A special bench, comprising Justice Muhammad Iqbal Kalhoro and Justice KK Agha, has been formed to hear the contempt of court plea against officials over non-submission of Joint Investigation Team reports.

According to the details, a special bench has been formed for the ad hoc investigations of the May 12 incident. The special bench will hear the contempt of court plea against the Chief Secretary and others on February 9.

The contempt of court plea had been filed against Chief Secretary, Home Secretary and Sindh inspector-general. Petitioner Iqbal Kazmi argued that the SHC ordered to submit the JIT report in two weeks. It has been 20 weeks now but the court hadn't been informed about what progress had been made. Not submitting the JIT report was clear contempt of court. Therefore, contempt of court action should be taken against Chief Secretary and others, said the petition filed. 

Published in The Express Tribune, February 1^st, 2019.