NAB harming country’s governance system: IHC

Reserves judgment on NAB appeal against acquittal of Dr Babar Awan in Nandipur case

ISLAMABAD:

The Islamabad High Court (IHC) has noted that the country’s prime graft buster – the National Accountability Bureau (NAB) – is playing a dangerous game to ruin the governance system in the country.

“[In this case] NAB has nominated people it should never have declared accused. [Due to NAB action] respected people face humiliation in society.

“NAB is playing with the governance system in a destructive manner. NAB should know every action that it takes affects governance in the country,” said IHC Chief Justice Athar Minallah on Monday.

CJ Minallah was heading a division bench hearing NAB’s appeals against acquittal of two accused including Adviser to the Prime Minister on Parliamentary Affair Dr Babar Awan in Nandipur case.

The bench was also hearing the appeal of another former law secretary Masood Chishti against an accountability court’s decision to dismiss his application for acquittal in the same case.

Islamabad Accountability Court-II former judge Arshad Malik on June 25, 2019 acquitted Dr Awan and former secretary law Justice (retd) Riaz Kiyani in the Nandipur power plant corruption reference.

Dr Babar Awan, who was the law minister during the last PPP’s government, was accused of delaying his opinion on a summary of the Ministry of Water and Power on the power project – a delay which, NAB had claimed, caused a loss of over Rs27 billion to the national exchequer.

The $329 million Nandipur power project was approved by the Economic Coordination Committee in December 2007. Subsequently, a contract was signed on January 28, 2008 between the Northern Power Generation Company Limited and the Dong Fang Electric Corporation, China.

Two consortiums — Coface for 68.967m euros and Sinosure for $150.151m — were set up for financing the project. The Water and Power Ministry sought legal opinion from the Ministry of Law in accordance with the schedule of the agreement in July 2009 but the opinion didn’t come through despite reminders.

NAB on July 4 moved the IHC against the order, contending that the accountability court acquitted the PM’s aide and the former secretary without giving NAB an opportunity to present evidence and even before conclusion of the trial. It requested the IHC to set aside the trial court’s order.

During hearing of the appeals on Monday, counsel for another former secretary law Masood Chishti – who had replaced Justice (retd) Riaz Kiyani – told the bench that NAB accused in the reference that due to his client’s alleged delay in giving legal opinion on the power project the project cost escalated.

In his remarks, the CJ asked as to what was the reason for seeking clearance of the contract with Chinese company from the Ministry of Law when the law division had already cleared the agreement.

“This doesn’t appear to be a legal case. Why was the state embarrassed by filing a reference when no crime was committed?” the judge asked. The court also asked the NAB prosecutor to show a document which could prove that the law secretary committed a violation of the law.

The judge noted that NAB is mandated to curb corruption but it is interfering in procedural matters.

“If the secretary law had given his opinion, you would have held him accountable for doing that. That is why governance in the country is not working out. The governance system won’t work if you keep interfering. In this atmosphere, no bureaucrat is ready to give his opinion on any matter,” he added.

The IHC bench later reserved its judgment on the NAB appeals against acquittal of Dr Babar Awan and Justice (retd) Riaz Kiyani. It also reserved judgment on the appeal filed by Masood Chisti.