The Supreme Court asked the top graft buster – the National Accountability Bureau (NAB) – not to abridge the freedom granted to people under the Constitution.
“It is not permitted to interfere with someone’s freedom. NAB should also not abridge peoples’ freedom,” Justice Mazhar Alam Miankhel noted on Friday.
Justice Miankhel was part of a division bench – presided over by Justice Maqbool Baqar – hearing NAB’s appeal against a Peshawar High Court (PHC) order with regard to arrest of an accused, Salman Fida.
During the hearing, NAB prosecutor told the bench that the bureau had stopped its investigation against Fida and referred the matter to the Peshawar Development Authority (PDA) for a departmental action.
Expressing displeasure over NAB’s conduct, Justice Miankhel asked the prosecutor as to why the anti-graft body wanted to arrest the accused when the case did not fall under its jurisdiction.
The prosecutor replied that the PHC had ordered NAB to intimate the accused about his impending arrest and NAB had challenged the PHC order just to that extent.
Justice Baqar also noted that NAB must take into account its reputation as well as the reputation of others while taking decisions with regard to arrests.
“There is a perception among people that NAB actions are based on mala fide. NAB must do something to salvage its reputation,” Justice Miankhel added. He also expressed displeasure over the inability of NAB investigation officers to present the case before the court.
Justice Baqar also noted that another accused has recently passed away while in NAB’s custody. The court later disposed of the case after the prosecutor’s statement that NAB has referred the matter to the PDA for action.
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