NAB to file references without mandatory process for first time

ISLAMABAD: For the first time in its history, the National Accountability Bureau (NAB) is all set to file in the accountability court references against deposed Prime Minister Nawaz Sharif and others without going through its mandatory processes.

The National Accountability Ordinance (NAO), 1999, specifies existence of a complaint followed by inquiry and investigation into a certain alleged matter and filing of reference in the court. In the instant case, in its July 28 judgment the Supreme Court ordered the NAB to file at least four references on the basis of the Panama Joint Investigation Team (JIT) report.

The apex court had not ordered the NAB to summon the accused. However, the NAB did so in pursuance of the NAO that it always does to question the concerned persons so that no loopholes are left in its references.

However, all the persons summoned refused to appear before it on the premise that the NAB has no option but to submit the references as per the court order. They thought that there is no point in appearing before it because their innocence, if they were able to prove, would not be accepted by the NAB due to the court order.

The NAO comprehensively explains the stages that the NAB has to follow in all the cases. It says an accountability court shall not take cognizance of any offence except on a reference made by the NAB Chairman or an officer of it duly authorized by him. A reference shall be initiated by the NAB on a reference received from the appropriate government authority; or receipt of a complaint; or its own accord. Where the NAB Chairman, or its duly authorized officer is of the opinion that it is, or may be, necessary and appropriate to initiate proceedings against any person, he shall refer the matter for inquiry or investigation.

The responsibility for inquiry and investigation into an offence shall rest on the NAB to the exclusion of any other agency or authority, unless any such agency or authority is required to do so by the NAB chief or by its duly authorized officer.

The NAB chairman and its officers shall have and exercise, for the purposes of an inquiry or investigation, the power to arrest any person with all the powers of an officer-in-charge of a police station, and for that purpose may cause the attendance of any person, and when and if the assistance of any agency, police officer or any other official or agency is sought by the NAB, such official or agency shall render it provided that no person shall be arrested without the permission of the NAB chairman or its duly authorized officer of NAB. Any Inquiry or Investigation shall be completed expeditiously as may be practical and feasible. The NAB chief or its officer shall appraise the material and the evidence placed before him during the inquiry and the investigation, and if he decides that it would be proper and just to proceed further and there is sufficient material to justify filing of a reference, he shall refer the matter to court.

If a complaint is inquired into and investigated by the NAB and it is concluded that the complaint received was prima facie frivolous or has been filed with intent to malign or defame any person, the NAB chief or his deputy or its duly authorized officer, may refer the matter to court.

Under section 19, the NAB chairman or its duly authorized officer, during the course of an inquiry or investigation of an offence, may call for information from any person for the purpose of satisfying himself whether there has been any contravention of the NAO; require any person to produce or deliver any document or thing useful or relevant to the inquiry or investigation; examine any person acquainted with the facts and circumstances of the case; require any bank or financial institution; provide any information relating to any person whosoever, including copies of entries made in a bank’s or a financial institution’s books such as ledgers, day books, cash books and all other books including record of information and transactions saved in electronic or digital form, and the keepers of such books or records shall be obliged to certify the copies in accordance with law. Where there is reasonable suspicion that any person is involved in or is privy to an offence, the NAB chief may, with the prior approval in writing of the high court concerned, direct that surveillance of that person may be carried out through such means as may be necessary in the facts and circumstances of the case and the NAB chief, may in this regard seek the aid and assistance of any governmental agency and the information so collected may be used as evidence in the trial.

Section 22 says the NAB chief may inquire into and investigate any suspected offence, which appears to him on reasonable grounds to involve an offence, and has been referred to him, or of his own accord. He may, if he thinks fit, conduct any such investigation in conjunction with any other agency or any other person who is, in his opinion, a proper agency or person to be concerned with it.

After the NAB chairman has initiated an inquiry or investigation into any offence, the accused person or any relative or associate of accused person or any other person on his behalf, shall not transfer by any means whatsoever or create a charge on any property owned by him or in his possession, while the inquiry, investigation or proceedings are pending before the NAB or the court; and any transfer of any right, title or interest or creation of a charge on such property shall be void.