NAB stopped from forming JIT against PPP leader

IHC says an investigation officer could probe into the case if graft-buster wanted

ISLAMABAD: The Islamabad High Court on Thursday stopped the National Accountability Bureau from forming a joint investigation team (JIT) to probe into assets beyond means charges against PPP leader Khursheed Shah, suspending its notification for the move.

A two-member bench comprising Justice Amir Farooq and Justice Ghulam Azam Qambrani observed that an investigation officer could investigate the case if the anti-corruption watchdog wanted.

Shah was represented in the court by his fellow party member, Raza Rabbani.

Justice Farooq inquired as to whether or not NAB was authorised to form a JIT.

Rabbani maintained that there was no provision in the National Accountability Ordinance that permitted the anti-corruption body to ahead with the move.

The senior PPP leader added that Shah had been facing an inquiry since 2001.

He informed the court the NAB chairman had suggested shutting the case against Shah in 2012.

However, an accountability court had disagreed and issued directions for filing the case within a month.

Eventually, NAB issued a call-up notice to Shah on September 13 last year.

Justice Farooq observed that Shah had only challenged the call-up notice, but not the reopening of the case.

Rabbani replied that NAB had filed a reference accusing Shah of possessing assets beyond known sources of income on December 19 last year in a court in Sukkur.

He added that during Shah’s remand, NAB had completed its investigation and approved the reference.

Justice Farooq noted that there was no justification for filing an interim reference. “Should a reference be filed or not,” he inquired.

The court later adjourned the hearing until March 26.

Shah, a senior leader of the PPP, was arrested by NAB’s Sukkur chapter in September last year in the assets beyond means case.

The anti-graft watchdog had converted an inquiry against Shah into an investigation. He faces charges of transferring an amenity plot in Sukkur Cooperative Society under his name to build a bungalow, and owning hotels, filling stations and bungalows registered under the names of his frontmen and benami companies.

The PPP leader moved the IHC against the NAB orders for the formation of a JIT to probe into the case.

The petition stated that Shah was a law-abiding and peace-loving citizen and had been engaged in politics.

It maintained that he had been an elected member of provincial as well as national assembly beside local bodies and also held the portfolio of a minister.

It further stated that in 2001 and 2002, NAB Sindh had conducted an inquiry against him in the case and now the anti-corruption watchdog had once again issued the orders for the formation of a joint investigation team.

According to the plea, NAB had constituted a team comprising representatives of the Federal Board of Revenue, the Federal Investigation Agency and the Securities and Exchange Commission of Pakistan and had completed investigation in the case.

The petitioner pleaded that the NAB notification for the formation of a JIT be declared null and void.