RPP case: NAB does not have authority to ask government for policy review, says SC

Orders NAB to ensure implementation of its orders.

ISLAMABAD: The Supreme Court on Thursday turned down National Accountability Bureau’s (NAB) move to divert the apex court’s attention from implementation process towards a new proposed policy on the Rental Power Project case, before ordering implementation of its March 30, orders be ensured by NAB.

Chairman NAB, who had been asked by the Supreme Court to appear before it on Thursday to present a progress report, asked that the court direct the government to formulate a new policy under which existing electricity generating equipment and machinery be utilised for production of electric capacity by renegotiating terms and conditions with the relevant parties of the deal.

“We fail to understand under what authority does the Chairman NAB to seek approval of this court for asking the Government of Pakistan to formulate a new policy by following flawless and transparent procedure under which the existing generators/equipments and machinery can be utilised for full production of electric capacity…,” the court questioned, before rejecting the notion in its order.

“He (Chairman NAB) should have realised that this court by means of comprehensive judgment dated 30-03-2012 has already declared that so far as these projects were concerned, these were not transparent and against the relevant law; thus the Chairman NAB has no authority to approach this court, seeking assistance on this point, as such the request so made by him is turned down,” the court asserted in its order.

The court also rejected NAB’s progress on implementation of its March 30, 2012 verdict. Fawzi Zafar, the additional prosecutor general NAB, had submitted a report, which was declared unsatisfactory by Chief Justice Iftikhar Muhammad Chaudhry, who is presiding the case, remarked. Addressing Chairman NAB Admiral (Retd) Fasih Bukhari, the chief justice said, “we will not allow you to sit on our judgments.”

The three-member bench of the apex court also reminded Chairman NAB that he is responsible for ensuring the implementation of court orders, a duty, should he choose to betray, would see him being held accountable.

The court also expressed frustration, saying that against whom it had directed action, has been made a federal minister. The chief justice observed that Chairman NAB is responsible for changing this scenario.

“Despite lapse of 20 days, NAB could not initiate action against any of the accused,” the chief justice maintained.

Prosecutor General NAB, KK Agha, defending the apparent lack of action, told the court that there was no need to arrest any of the accused as all of them were cooperating with the bureau. The court was perturbed on this stance, however. Justice Tariq Pervez asserted that the issue had been investigated and “NAB should implement judgment instead delaying it.”

Meanwhile, Justice Khilji Arif Hussain said that the court’s findings suggest immediate action instead of a fresh inquiry.

Exasperated, Chief Justice Chaudhry then gave NAB officials seven days to arrest the responsible persons and produce challans before the accountability courts. However, Agha told the court that it was the SC decision that NAB should take action accordance with law and as per rules NAB could not arrest anyone if they were cooperating with the bureau.

Detailing actions taken, Agha told the court that NAB was investigating the issue, having asked the State Bank of Pakistan to freeze accounts of the accused persons. “We also wrote to interior ministry to put the names of all accused on Exit Control List, (ECL),” he said.

Chief Justice Chaudhry, after hearing arguments of NAB’s officials, dictated an order that “…we direct him (Chairman NAB) to comply with the judgment dated 30.03.2012 in letter and spirit and submit a compliance report as per the schedule fixed in the said judgment to the Registrar of this court for our perusal in Chambers and passing appropriate orders, if need be.”