ISLAMABAD: The Supreme Court (SC) on Wednesday while questioning the capability of National Accountability Bureau (NAB) observed as to how the anti-graft body could conduct an investigation if it could not file a report.
A three-member bench of the apex court headed by Justice Ameer Hani Muslim heard the suo moto case regarding alleged illegalities, contraventions and violations in appointment within NAB.
The court summoned Chairman NAB Qamar Zaman Chaudhry in person on March 27 to inform about nine officers inducted in violation of law. ‘Let the Chairman come and justify whether the officials appointed in violation of law could continue or not,’ the court ruled and appreciated the work of Secretary Establishment by submitting a report that the court declared a ‘hard work.’
The court directed Secretary Establishment to provide the copies of the report besides directing all the other parties concerned also to get the copies of the report. The court noted in its order that according to the report submitted by Secretary Establishment nine of the officers were taken by the NAB who did not possess requisite qualification for the said posts.
The court directed Khwaja Haris to go through the report of Secretary Establishment and submit a report by Monday explaining as to whether the officers appointed had the requisite qualification and also state whether these officers were eligible for promotion.
During the course of hearing Justice Qazi Faiz Isa asked Khwaja Haris that he should submit a report with his signature as he observed that they don’t have confidence in NAB hence the learned counsel should himself submit a report.
Khwaja Haris assured the court to submit a report by Monday, that will cover all the areas, mentioned in the report submitted by Secretary Establishment. In pursuance of the court’s directives, Secretary Establishment Division Syed Tahir Shahbaz filed the report about the appointments in NAB. The report pointed out irregularities in 273 cases of appointments, promotions, absorptions and deputations of NAB officials from BPS-16 to BPS-22.
The court on January 1 had directed the Secretary Establishment to scrutinise whether all the regular and contract appointments, promotions, absorptions and deputations made in NAB till date were in conformity with NAB Employees Terms and Conditions of Services (TCS), 2002 and Method of Appointment and Qualification (MAQ).
In his reply, Establishment Secretary stated that from 2003 to 2015, a total of 629 appointments on regular basis were made in BPS-16 to BPS-21, however, inconsistencies were observed in 101 cases. Out of these 101 cases, 76 were those where the candidates had not acquired experience purely in the fields of investigations, inquiries, research and legal matters, while the rest of the cases related to issues of qualifications and experience certificates after appointment.
During the course of hearing, Justice Amir Hani Muslim observed that Secretary Establishment had used soft words in report for the NAB officers. He said if a thing is illegal then it should be pronounced illegal.
Secretary Establishment informed the court that he has given his findings about 1,700 Bureau employees. At this Justice Ameer Hani Muslim remarked that if such officers would run NAB then the country would be destroyed, adding whether or not such officers should remain in their seats.
Justice Qazi Faez Isa remarked as to what experience a retired major or colonel of armed forces has of investigation. The additional prosecutor general NAB informed that a committee has been formed to take departmental action.
Justice Amir Hani observed that people in the NAB committee are those who themselves are ineligible, adding they would give direction to the chairman and reject the NAB report.
Justice Faez remarked that the chairman’s stance is that the NAB is working in accordance with law. You just gave us the minutes of the meeting sans details pertaining to the qualification, required experience for the posts”, Justice Isa asked Khwaja Haris.
You did not prepare the report as your report would have been good, observed justice Hani accosting Khwaja Haris, counsel for NAB One Shakil Malik, DG HR, NAB told the court that eight out of nine officers came to the anti-graft body as inductees while one Aliya Rashid as DG Awareness and Prevention. Later, the court adjourned the hearing until March 27.
