SC asks NAB to file reference against PM, Malik, Badr

[Mirza Ghalib]

SC asks NAB to file references against PM, Malik, Badr
Sohail Khan
Friday, January 25, 2013

ISLAMABAD: The Supreme Court on Thursday directed the National Accountability Bureau (NAB) to file references against Prime Minister Raja Pervaiz Ashraf, Interior Minister Rehman Malik and PPP Secretary General Jehangir Badr for appointing Tauqir Sadiq as chairman of the Oil and Gas Regulatory Authority (Ogra) and later facilitating him in escaping the country. It asked NAB to submit a compliance report before it by January 30.

A two-member bench of the apex court, comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, heard the case pertaining to the implementation of the court’s order to arrest Tauqeer Sadiq.

The court ordered filing of references against the accused persons for the illegal appointment of Tauqeer Sadiq as Ogra chairman and later helping him in escaping from the country after allegedly causing a loss of Rs82 billions to the national exchequer.

The court ordered the filing of references against the accused within a week after NAB Director Irfan Baig informed the court that Interior Minister Rehman Malik and PPP Senator Jehangir Badr were involved in the safe escape of Tauqeer Sadiq.

He further told the court that a report to file a reference against the accused was sent to the NAB chairman for approval.

To a court query regarding the persons who approved the illegal appointment of Tauqeer Sadiq, the NAB director said that the investigation against Prime Minister Raja Pervaiz Ashrafwas underway over the illegal appointment.

NAB Deputy Prosecutor General Chaudhry Mazhar while appearing before the court submitted that police had held Tauqeer Sadiq in UAE but released him later. The UAE authorities said that neither was he wanted there nor were the required documents complete.

At this point Justice Jawwad S Khawaja observed that NAB was not innocent to this extent, adding that the team left for UAE without the arrest warrants and that was the reason that the UAE authorities said that they had to abide by the law.

Justice Jawwad S Khawaja further observed that such carelessness showed that the government agencies were determined not to arrest him, and foreign ministry was also following in the footsteps of the NAB and FIA.

Justice Khilji Arif Hussain remarked that it was NAB motto to let go off corrupt big fish and catch only the weak and those accused in petty cases.

Later, the court adjourned the hearing for January 30, directing the NAB to file within a week references against the accused who made illegal appointment of former Ogra chairman Tauqeer Sadiq and later on, let him escape from the country.

[Mirza Ghalib]

Evidence shows Kamran’s death, RPPs case have link: SC
Sohail Khan
Friday, January 25, 2013

ISLAMABAD: The Supreme Court on Thursday observed if the National Accountability Bureau (NAB) was not to work according to its mandate, the department should be abolished, adding that all the evidence showed that the death of Kamran Faisal and the Rental Power Projects (RPPs) case had a strong link.

The observations were made as a two-member bench of the apex court, comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, heard a constitutional petition pertaining to the unfortunate death of Kamran Faisal, who was found dead in his room in the Federal Lodges on Jan 18 in mysterious circumstances.

The court sought by Jan 26 reports from NAB, the Inspector General of Police (IGP) Islamabad and the Pakistan Telecommunication Authority (PTA) relating to the mysterious death of Kamran Faisal, and the Assistant Director of NAB, probing the RPPs scam, involving the prime minister and others.

The court after holding an initial hearing in the instant case,sought information including phone records of senior NAB officials, and records and CCTV footage of all the meetings and events at NAB since January 15 – the day when the Supreme Court ordered the prime minister’s arrest.

Justice Jawwad S Khawaja while issuing written order observed that all the indications and evidences showed that this unnatural death had a link with the RPPs case. This was not an ordinary case, he remarked, adding that after the order dated January 15 in RPPs case, it had also become important for the court to ascertain if there was an attempt to interfere into the proceedings of the case.

The Supreme Court on March 30, 2012 unplugged all the RPPs that digested billions of rupees of the national exchequer but could not resolve the energy crisis and the court had ordered the NAB to take legal action against the accused involved in the scam.

On January 15, the court ordered NAB to arrest Prime Minister Raja Pervaiz Ashraf and 22 other persons involved in the scam after getting approved the challan and references against the accused without any hesitation.

On Thursday, Hamid Munir, Investigation Officer NAB, Quetta and brother-in-law of deceased Kamran Faisal, complained to the court that the police had not registered a case regarding the death of Kamran Faisal.

The court in its order ruled that the background leading to this Constitution Petition was that an Assistant Director of NAB died during the night between 17th & 18th January, 2013.

A lot of comments and speculations had been generated about this death. From some quarters, it had been contended that the death was a suicide, while from the other quarters, including the family of the deceased officer, it was maintained that it was a murder, said the court order.

The court noted that regardless of whether the death was a suicide or a murder, all comments which had widely been reported in the print and electronic media were almost unanimous that the deceased officer was under intense pressure.

At this stage, it is not necessary to comment on the various reports appearing in the print and electronic media. However, if the deceased was under intense pressure, it would prima facie be evident that a case was made out under Section 31(a) of National Accountability Ordinance because any pressure on any officer of the NAB in relation to any official work itself might constitute interference in the investigation and/or obstruction of the course of justice, the court further ruled in the order.

The court further said that this would be in addition to the provisions of Chapter XI, PPC relating to obstructions and/or diverting the course of justice. Furthermore, considering that the RPP case had been taken up in Bench-I of this Court and an order had been passed therein on January 15, 2013, it also became important for the court to ascertain if there indeed was an attempt to interfere in the proceedings which were being undertaken in the RPPs case.

The court issued notice to the NAB through its chairman and such senior functionaries who might have knowledge of events starting from January 15, 2013.

Earlier, during the proceedings, Hamid Munir, brother-in-law of Kamran Faisal said that a laptop, which was being used by the deceased, was missing. Furthermore, he said that the Islamabad Police had questioned him (Hamid Munir) and other members of the family of the deceased.

He told the court that these family members had categorically stated to the police that the death of Kamran Faisal was a murder and was not a suicide. He however, said that the police, to date appeared not to have registered an FIR under Section 154, CrPC. Instead it had started proceeding under Section 174, CrPC.

The court then issued notice to the police also to appear in the court on the next date of hearing and before then to submit in the court on January 26, 2013 a detailed report of the actions taken by it so far.

Hamid Munir also pointed out that senior functionaries of the NAB including its chairman and other senior functionaries had visited the deceased on the evening of January 17, 2013 in the NAB office.

The court was also informed that the PTA had obtained call record and other data from telecom service providers in respect of communications made by the deceased and among various persons connected directly or indirectly with NAB and/or the RPPs case.

At this, the court directed that the PTA chairman should file by January 26, 2013, the particulars and complete report as to telecommunication data, which might have been obtained by PTA from various service providers.

Similarly Hamid Munir also submitted before the court that there was a flurry of activity in the NAB office between 15th and 18th January, 2013. He requested that CCTV footage of this period, which is likely to reveal important aspects of the case, might also be requisitioned. The court directed that NAB should therefore make available in the court all the CCTV footage of the happenings in the NAB office between 15th and 18th January, 2013 as well as the record of entry/exit of persons/vehicles.

The court further directed that since the deceased was residing in the Federal Lodges and his body was found suspended from a ceiling fan in his room, the CCTV footage as well as the records of entry/exit of persons/vehicles in Federal Lodges should also be submitted in the court by January 26, 2013.

Meanwhile, the court also directed that the Medical Superintendent of Polyclinic Hospital should provide the entire record including postmortem report and other medical record relating to the deceased by January 26 and further directed that the Registrar of the court should obtain and make available for multimedia viewing in the court such TV and/or other footage relating to the dead body of the deceased by January 26, 2013.

During the hearing Shahzad Qamar and Waqar-ul-Hassan, NAB assistant directors, submitted before the court that a video tele-conference was held wherein the NAB chairman addressed the officers in regional headquarters in various cities.

The court directed that the NAB chairman should ensure that a copy of the said video conference together with a transcript of what was said should be submitted in the court. Khalid Kharl, a journalist also appeared before the court along with Hamid Munir. Later, the court adjourned the hearing till January 28.

http://www.thenews.com.pk/Todays-News-1 ... ve-link-SC