IHC gives NAB a week to present reasons for Iqbal’s arrest

Adjourns Narowal Sports City Project case proceedings until Feb 20

ISLAMABAD: The Islamabad High Court (IHC) has given one week’s time to the national graft buster to present solid proof and reasons for arresting former planning minister Ahsan Iqbal in the Narowal Sports City Project (NSCP) case.

Chief Justice Athar Minallah resumed the hearing of the NSCP case on Thursday. It adjourned the proceedings on Iqbal’s bail plea until Feb 20.

Justice Minallah remarked that amendment to the National Accountability Ordinance is unnecessary, adding that making arrests without proof is against the fundamental rights of the accused.
“The court will be issuing a separate order on NAB chairman’s powers to arrest suspects. These powers need to be interpreted,” remarked Justice Minallah.

The petitioner’s counsel Advocate Tariq Mehmood Jahangir informed the court that there were no charges of corruption nor availing undue benefit against Ahsan Iqbal in the case. “There are no charges of bribery, gift, benami assets and accumulating assets beyond known means of income against his client as well. He is only accused of misusing his authority.”

Advocate Jahangir argued that at first reference used to be filed over illegal hiring or awarding contract, and now NAB Amendment Ordinance has been introduced which makes it mandatory to state what financial benefit the suspect gained.

Justice Minallah remarked that this is already a fixed law. “There is no need for an amendment to the NAB ordinance for that,” he added.
“When Iqbal was cooperating with the investigation, then under what circumstances was he arrested? Couldn’t the inquiry be completed without arresting Iqbal? When you arrest someone, his respect and prestige both are compromised. A suspect is innocent until proven guilty.”

NAB Additional Prosecutor General Jahanzaib Bharwana informed the bench that the orders for the arrest of Iqbal were given by the NAB chairman. “This [NCSP] scheme was a provincial project for which funds were released by the federal government,” said Bharwana, adding that the anti-graft watchdog issued his arrest warrants on apprehensions that Iqbal would tamper with the records and the witnesses’ statements as well as fly abroad.

Justice Minallah asked is the record of the ministry still with Iqbal? How he can tamper with the record?

Over apprehensions that Iqbal might fly abroad, the CJ said, his name could be put on the Exit Control List.

The CJ asked wasn’t NAB capable enough to complete its investigation without depriving Iqbal of his fundamental rights?
“Why not declare the unnecessary arrest by NAB wrong?” remarked Justice Minallah.

The court adjourned the proceedings of the case for a week.