NAB has destroyed institutions, says SC

ISLAMABAD: Allowing former minister for petroleum and PPP leader Dr Asim Hussain to proceed abroad for medical treatment, the Supreme Court on Tuesday remarked that the National Accountability Bureau (NAB) had not only destroyed national institutions but also tarnished its image in the public eye.

A three-member bench of the apex court, headed by Justice Dost Muhammad Khan and comprising Justice Qazi Faez Isa and Justice Tariq Masood, allowed the PPP leader to undergo treatment abroad for one month and ordered his name’s removal from the Exit Control List (ECL).

The court dealt with two matters including the hearing of Dr Asim’s plea for removal of his name from the ECL and the NAB’s petition requesting cancellation of his bail.During the proceedings, Justice Dost Muhammad Khan remarked that some people were allowed by NAB to proceed abroad for treatment of backache and asked if the accused were arrested only to set them free. He further said the Bureau’s decisions were made on the basis of personal likes and dislikes and some of its decisions were made somewhere else.

Justice Faez Isa questioned as to why Dr. Asim’s trial in the accountability court had not been completed, adding it seemed the Bureau itself wanted the case to linger on.He said the Bureau had tarnished its reputation adding that the case would have been decided much earlier had the NAB authorities put their heart and soul in it.

On July 14, a three-member bench of the apex court, headed by Justice Ejaz Afzal Khan, issued notices to Dr Asim on the plea filed by the National Accountability Bureau seeking cancellation of his bail in two references.

On Tuesday, the court after hearing the matter allowed Dr Asim to proceed abroad subject to depositing Rs6 million or defence certificates to the satisfaction of the trial court.The court ruled since the petitioner had already deposited defence certificates of Rs4.5 million with the NAB and Rs2 million with the Anti-Terrorism Court, it was sufficient guarantee that he would get back after treatment.

The court also set aside the Sindh High Court orders, rejecting Dr Asim’s plea seeking removal of his name from the ECL and directed the FIA, NAB, the Ministry of Interior and Immigration Departmentto immediately remove his name from the ECL. The court, however, ruled that the authorities concerned were at liberty to again put Dr Asim on the ECL after returning from abroad and declared cured by surgeons.

The court further directed the Nazir office of the Sindh High Court to hand over to Dr Asim his passport.The court also dismissed the NAB petition seeking cancellation of his bail in two references.

The court further directed that during his absence, Dr Asim’s counsel may represent him in the trial court.Earlier, on August 24, the Supreme Court had referred Dr Asim’s application to the Chief Justice of Pakistan (CJP) for fixing it before a three-judge bench.

During the last hearing on July 14, the court had proposed the constitution of an independent medical board, consisting of doctors from all the provinces, to determine what ailment Dr Asim Hussain had developed.

However, Latif Khosa opposed the suggestion, saying that the court should steer clear of setting a precedent that may prove dangerous in future, highlighting that Dr Asim Hussain was afflicted by a number of ailments.

Khosa took the plea that his client had already got bail from the Sindh High Court and anti-terrorism courts.Dr Asim was eventually released from prison on March 31, 2017 after 19-month detention.He had filed a request with the Sindh High Court for removal of his name from the ECL. However, the plea was rejected on June 5 after which he moved to the Supreme Court.