SHC scolds NAB for delaying inquiries, dragging cases for years

Directs NAB officials to follow standard operating procedures, warns orders will be passed against NAB otherwise

KARACHI: The Sindh High Court (SHC) sought a report from the National Accountability Bureau (NAB) on the completion of the inquiry against Salam Mundhrio and other accused by June 25 in the case of fraud committed in the name of a cooperative society.

A two-member bench comprising Chief Justice (CJ) Ahmed Ali Shaikh and Justice Omar Sial heard the case on Tuesday.

CJ Shaikh expressed annoyance with the prosecutor-general and the investigation officer (IO) for not having completed the inquiry.

"NAB issues call up notices to every person but NAB does not have anything to offer when evidence against the accused is sought," remarked CJ Shaikh.

The court directed NAB to strictly follow standard operating procedures (SOPs) with regards to inquiry and investigation. The court also gave directives for the copy of the judicial order to be provided to the NAB chairperson, directors-general and others.

CJ Shaikh remarked that NAB should strictly follow SOPs regarding investigations otherwise orders will be passed against it.

The court summoned NAB prosecutor-general to the rostrum where he was asked by CJ Shaikh to read NABs SOPs out loud.

Addressing the prosecutor-general, CJ Shaikh said that the NAB drags people for three years for a single inquiry. "What are the SOPs?" he asked.

The NAB prosecutor-general said that NAB has to complete the inquiry against the accused according to the SOPs.



"What action does the NAB take if the IO is unable to complete the inquiry in four months?" asked CJ Shaikh. "Even if someone has committed a fraud, why are people bothered for three years? Put yourself in the place of any accused. If anyone has committed a crime, NAB should prove it," he remarked.

The prosecutor-general said that when the IO requests for more time, an extension of one month is given. CJ Shaikh remarked that NAB delays every case and this practice has been continuing for years.

NAB Deputy Director Rizwan Soomro informed that only three to four cases should be assigned to an IO according to the SOPs. All of NAB's IOs are currently dealing with 12 cases each, he said, adding that investigations are delayed due to the number of cases given to a single IO.

"Do you know more law than the prosecutor-general?" asked CJ Shaikh, addressing Soomro.

"I am not talking about the law, I am just telling you about the SOPs of NAB," said Soomro.

The court sought a report from NAB after the completion of inquiry against the accused by June 25.

Lack of evidence

The same bench confirmed the bail pleas filed by Sindh Workers Director Muzzafar Ali Shah and Asim Warsi, who have been accused of corruption in Sindh Workers Welfare Board. The IO informed the court that the allegations against the accused couldn't be proved so the case has been forwarded to the headquarters for dismissal.

The court extended the bails of the accused. NAB was investigating the accused for owning assets exceeding income.

Time granted

The bench granted time to NAB to prepare arguments against the accountability court's decision to not hand over accused, former federal minister Kamran Michael, for physical remand.

NAB sought time to prepare arguments.

The court accepted the request and adjourned the hearing. An accountability court had rejected NAB's request for physical remand after Michael's arrest. NAB challenged the decision in SHC.

Omni group tax returns

Meanwhile, Justice Agha Faisal of the SHC refused to hear the pleas pertaining to non-submission of 2011 tax returns by Omni Group owner Anwar Majeed and his three sons.

A two-member bench comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal was hearing the case. Justice Faisal refused to hear the pleas filed by Majeed and his sons.

The court forwarded the case to CJ Shaikh to constitute a new bench.

According to the Federal Board of Revenue (FBR), Majeed and his sons are bound to pay the taxes. Notice was issued to Anwar Majeed, Abdul Ghani Majeed, Nimr Majeed and Ali Kamal Majeed to file the tax returns. All of them are bound to pay the taxes according to the law. 

Published in The Express Tribune, May 29^th, 2019.