Modarba scam: Court reprimands NAB for laxity in resolving case

Asks bureau to make payments to some of the victims, adjourns hearing till Nov 24.

RAWALPINDI: An accountability court on Tuesday expressed its displeasure at the non-seriousness of the National Accountability Bureau (NAB) in taking action against the people involved in the multibillion rupee Modarba scam.

The court ordered NAB to provide details of the seized property, its value and the money being generated from them that belonged to the suspects on November 18.



Earlier, the court reserved its judgment on four applications filed by victims of the Modaraba scandal case for payment of compensation by NAB.

During the last hearing, around 18 victims had filed applications requesting the court to ask NAB to compensate them from assets seized from the suspects.

When the hearing commenced, Accountability Judge Sohail Nasir inquired from the NAB investigation officer Shehzad Ahmad about the confiscated property and its value. Nasir informed the court that the property owners have been cautioned about its confiscation but so far no assessment or evaluation could be made.

Expressing displeasure, the judge remarked that it seems NAB has become the custodian of the property. Barrister Qaiser Khan, representing the bureau, said there are thousands of affectees and resolving their cases is not so easy.

“It depends on the intentions. I say it can be resolved while you say it can’t. It can be disposed of if you start recording statements of 25 witnesses every day and investigate it properly,” the judge observed.

He also asked NAB’s counsel whether the confiscated property is the ‘case property’ purchased from black money belonging to the complainants, to which the counsel replied in the affirmative.

“Why was it not auctioned to compensate the victims for their losses,” asked the judge, to which the counsel replied that there is no law which authorises NAB to sell the seized property unless the court has decided the case. He said further if compensation from the seized properties is given to the complainants, a flood of such applications will follow making NAB’s job difficult.



The suspect, Asif Javed alias Maulvi Ibrahim, who was produced before the court, also accused NAB of not taking action against the ‘masterminds’ of the scandal.

“I have informed NAB about the names and addresses of the masterminds but no action was taken against them and they escaped before their warrants were issued,” Ibrahim alleged. The court also expressed annoyance over the delay in issuance of arrest warrants for the seven main suspects.

The accused also informed the court that NAB has confiscated Rs540 million of Mufti Ihsan, one of the main suspects, which should be auctioned and its proceeds given to the complainants.

“The suspects’ families are receiving the income being generated from the property. The suspects are sitting abroad without any fear of losses to their property so how can they be arrested,” the judge remarked.

The court then directed the bureau to pay Rs50,000 to two complainants, Rs100,000 to another and Rs0.4 million to a cancer patient among then victims and directed the complainants to deposit surety bonds after which the court will ask NAB for payment. The judge reserved the decision and adjourned the case till November 24.

Published in The Express Tribune, November 19^th, 2014.