NAB fined for denying Pervaiz Elahi right to fair trial

Lahore High Court (LHC) imposed a fine of Rs0.2 million on National Accountability Bureau (NAB) for failing to provide fair trial opportunity to former Punjab chief minister Chaudhry Pervaiz Elahi and others in a corruption reference.

LHC's division bench headed by Justice Tariq Saleem Sheikh issued detailed judgment on NAB's petition. Accountability Court had directed the concerned quarters to provide case details, including the statements of approvers, to Pervaiz Elahi and others.

NAB is particularly reluctant to provide the earlier statements of two persons, which they made before becoming approvers. NAB cannot withhold exculpatory evidence from the accused, the bench observed.

In general, the accused is not automatically entitled to all the evidence collected during an inquiry, especially in cases where the inquiry is preliminary and has not led to formal charges or an investigation. However, once an investigation has been initiated and charges are brought, the accused typically has the right to access the evidence against them to prepare an effective defence. This principle is rooted in the right to a fair trial and due process, which is guaranteed by Article 10-A of the Constitution, the bench observed.

It is significant that the proviso to section 18(c) of the NAO mandates that the inquiry report shall be provided to the accused. The "report" would include all the evidence, including the statements of witnesses, on which it is based. Therefore, the accused is entitled to receive the inquiry report and the underlying evidence as a constitutional and statutory right, the bench further observed.

NAB's reliance on section 265-C Cr.P.C. to refuse to provide the statements of the witnesses recorded during the inquiry to respondents Pervaiz Elahi and others is misconceived for various reasons. First, section 265-C Cr.P.C. cannot restrict the right to a fair trial guaranteed by Article 10-A of the Constitution. Second, the proviso to section 18(c) of the NAO explicitly mandates that the NAB must provide the inquiry report to the accused if the inquiry is converted into an investigation, the bench observed.