NAB needs to keep its house in order

ISLAMABAD: The National Accountability Buraeu (NAB) may deal with the corrupt persons outside but its hands are cuffed in dealing with its own officers who are involved in corrupt practices.

A NAB investigation officer who was arrested by the bureau three days ago on allegations of receiving two air conditioners as graft has put the entire bureau in a Catch-22 situation as he has been set free by the accountability court saying NAB should send his case to Federal Investigation Agency (FIA) as the Bureau cannot prosecute corruption cases less than Rs100 million.

The NAB high-ups, the sources said, would frame new Standard Operating Procedures (SOPs) to deal with its own employees caught receiving meager grafts in the cases.

NAB officer Kamran Ali Janweri, accused of receiving two ACs as graft from an accused against whom he was investigating a case, has pleaded before an accountability court that the cost of two ACs was not more than Rs150,000 therefore NAB cannot prosecute him. He, however, also pleaded that the allegations against him were false.

Sources in NAB told The News that the said officer though had been discharged by the court but NAB would proceed against him through departmental inquiry. The sources said NAB did not want to send a message to its investigation officers that obtaining meager benefits from the accused would go unaccounted for.

The documents reveal that Deputy Prosecutor General Accountability submitted in the court that the accused Kamran Ali was NAB assistant director/investigation officer and that he was authorised investigation in the matter of embezzlement of funds of TMA Chachro by Assistant Commissioner Mehboob All Zardari and others; that accused Kamran Ali got two air conditioners as illegal gratification from the AC Chachro Mehboob All Zardari in the said investigation of embezzlement of funds of TMA Chachro; that he also demanded more gratification from them; that accused was arrested on 17-05-2016 in pursuance of arrest warrant issued by the DG NAB Karachi on the allegations of corruption and corrupt practices under Section 9(a) of NAO and schedule thereto; that 15-day NAB custody remand of the accused was required in order to collect further evidence.

The court order further reads: “Learned advocate for accused vehemently opposed the grant of remand on the ground that the non-bailable warrant is issued against the accused with mala fide intentions or in order to implicate him in the alleged offence falsely; that offence alleged against the accused does not fall within the preview of NAO; that the total amount of the alleged air conditioners would be not more than Rs150,000; that NAB is a supreme anti-corruption agency of Pakistan and by virtue of NAO it cannot carry out investigation of such a meager amount; that the High Court in its recent order passed in CP No D-1210/2016 has been pleased to determine the pecuniary jurisdiction of NAB only to threaten involving amount not less that Rs100 million; that prayer of the remand by the NAB is unlawful; that, the accused has completed the investigation against accused Mehboob Ali Zardari and others and was near to recommend the filing of reference against them but he was directed by his officers to close investigation against them; that as he did not obey the unlawful directions of his senior officers therefore this false case is managed against him; that no substance of allegations has been supplied to the accused; that allegations against the accused are baseless, motivated and unfounded; that remand application may be dismissed and the accused may discharged.”

The court dismissed NAB’s plea of remand and discharged the accused with a note that NAB was at liberty to file a complaint against the accused with the FIA which should proceed strictly in accordance with law.