SC questions powers of NAB chief to arrest accused

ISLAMABAD: The Supreme Court of Pakistan on Friday raised questions over the powers of the National Accountability Bureau (NAB) chairman for arresting the accused after filing a reference.

A four-member bench of the apex court headed by Chief Justice Umer Ata Bandial heard the pre-arrest bail matter of Aijaz Jakhrani, advisor to chief minister Sindh on Prisons, in a NAB reference regarding alleged corruption. The newly-elevated judges, Justice Athar Minallah and Justice Syed Hassan Rizvi, were members of the bench.

During the course of hearing, Justice Minallah observed that after filing a reference, the NAB chairman had no powers to arrest any accused. He asked the NAB prosecutor under what provisions of the NAB law, the NAB chairman could arrest any person after filing a reference.

Munir A Malik, counsel for Aijaz Jakhrani, welcomed Justice Minallah and Justice Rizvi in the SC and submitted that he had filed some additional documents in the case. Justice Bandial asked the NAB prosecutor about their stance and said the accused was seeking a pre-arrest bail, contending that he had not taken bribe while discharging his duties as SACM. He asked the prosecutor to convince the court that under what provisions of law, the NAB chairman could arrest an accused after filing a reference against him. “It’s difficult for us as we are also hearing a petition challenging the amendments made to the National Accountability Ordinance (NAO) 1999,” the CJP said. Later, the court adjourned the hearing until January next.