Supreme Court warns NAB with contempt over inaction

CJ says court’s orders must be implemented in cases involving prime minister.

ISLAMABAD:

The Supreme Court and the National Accountability Bureau (NAB) were at ‘loggerheads’ on Monday, when both parties were in disagreement over the implementation procedure of judgments passed by the top court.

A three-judge bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry, hearing various cases which had been referred to NAB for implementation, observed NAB’s reluctance to take action against influential individuals, including Prime Minister Raja Pervaiz Ashraf.

For instance, in the case pertaining to the illegal appointment of Tauqir Sadiq as Oil and Gas Regulatory Authority (Ogra) chairman, the premier was among those held responsible, as he had recommended Sadiq’s appointment to then prime minister Yousaf Raza Gilani. The premier is also one of the main accused in the Rental Power Projects (RPPs) scam. Earlier, the court had passed judgments in the two separate cases and referred them to NAB to take the necessary action against the accused, including PM Ashraf.

However, when NAB failed to initiate any action after a lapse of several months, the court issued contempt notices to NAB chairman along with seven other officials. One of the investigation officers told the bench that they had been barred from the investigation into the RPPs scam by the high-ups in the bureau from July 2 onwards.

During Monday’s hearing, the bureau’s prosecutor general defended the non-implementation of the court’s judgments with powers given to bureau under the National Accountability Ordinance (NAO), saying the bureau was bound to follow those procedures, and that it preferred the recovery of taxpayers’ money, rather than criminal proceedings.

“NAB is protecting criminals by not initiating legal action against them despite the court’s various judgments in its hands,” Justice Jawwad S Khawaja observed, adding that it was evident that the court and NAB were at loggerheads on this issue. NAB was ignoring the criminal aspect of these cases and it was defending criminals instead, Khawaja added.  Meanwhile, the chief justice observed that criminal proceedings were necessary to establish a mechanism of deterrence and to ensure that nobody would indulge in corrupt practices in the future, even if they held a high position in the government.

However, NAB Prosecutor General Karim Khan Agha did not back down on his stance and insisted that the court could not interfere in the investigation of the bureau and since NAO was passed by parliament, NAB had been given the mandate to examine the allegations through its own set procedures.

In reply, the chief justice told the prosecutor general that even though the bureau could conduct an inquiry and investigation under NAO, the court would not allow the bureau to sit on its judgments, which were conclusive. He went on to add that a NAB investigation officer had no power to set aside the Supreme Court’s judgments on the ground that he was not satisfied with them.

The bench, while expressing its dissatisfaction over NAB’s progress report, asked Agha to produce the terms of references and proceedings of NAB’s executive board meeting, pertaining to the procedure adopted for an investigation into the RPPs scam.

“If we are not satisfied with NAB’s record then we will proceed further into the contempt of court case against NAB chairman and others responsible for non-implementation of our judgment,” the chief justice observed.

The court deferred its decision to frame charges against bureau officials, including NAB Chairman Admiral (retd) Fasih Bokhari, after being assured of progress by the bureau. Agha also requested the court not to frame any charges, as he was optimistic that within 14 days the bureau would be in a better position to make progress.

The court also allowed NAB officials to engage their attorneys to defend themselves in the contempt case, subsequently adjourning the hearing until October 16.

Published in The Express Tribune, October 2^nd, 2012.