The Supreme Court on Thursday said that neither the National Accountability Bureau (NAB) had clarified in the new law where the cases which had been returned by accountability courts would go nor was any institution established for the purpose, while hearing a case pertaining to amendments in the National Accountability Ordinance (NAO).
A three-member bench led by Chief Justice of Pakistan Umar Ata Bandial (CJP) heard a petition filed by PTI Chairman Imran Khan against the amendments introduced by the incumbent government.
Last year in July, the federal cabinet had approved changes in the accountability laws, barring the NAB from investigating corruption cases involving less than Rs500 million and defined the limit of a suspicious financial transaction. It also bound the bureau to share the grounds of arrest at the time of arrest and empowered it to discharge or acquit the accused at any stage.
Giving his arguments, federal government counsel Makhdoom Ali Khan said that NAB had not submitted a comprehensive report in the court regarding cases which had been returned by the accountability courts.
He said, in one report, the anti-graft buster was stating to have send back 221 references while in the other 364, adding that there was a difference of 143 cases in both the reports.
Khan requested the top court to seek a record from NAB of references which had been returned by the accountability courts.
He said the accountability watchdog should tell how many political personalities were among the 41 people who had been acquitted after amendments in the NAO.
The CJP remarked that the NAB did not even know whether 200 references had been returned or 364, adding that the national graft buster would not be aware of the total amount pertaining to these cases.
“You, yourself have been saying that NAB was used for vengeful purposes in the past. The NAB chairman resigned from his post. He was a police officer of an excellent reputation,” he remarked.
While quoting the example of a person who was incarcerated despite returning the money, the top judge said it seemed everyone had benefitted from the NAB law.
He further said neither the NAB had clarified in the new law where the cases which had been returned by the accountability courts would go nor was any institution set up for the purpose.
Even no one has been made custodian of the references which have been returned, the CJP remarked.
Fortunately, we have the digital record of it (returned references), he added.
The top judge inquired where the money that NAB recovered went.
The government’s counsel replied that the Public Accounts Committee had been asking the same question time and again.
He further said that no one had been acquitted under NAB Act 2022 till now.
Later, the SC adjourned the hearing of the case for two weeks.
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