ISLAMABAD: Balochistan NAB chief Irfan Mangi has become an interesting case study on the rule of law in Pakistan as not only the past disciplinary proceedings against him have been halted but no fresh proceeding could be initiated after different benches of the apex court gave conflicting rulings and observations about him.
In one case, regarding illegal appointments in the NAB, a three-member bench of Supreme Court in March this year sacked four DGs of NAB and directed a three-member committee under secretary Establishment to proceed against over 140 officials of the Bureau, including Irfan Mangi, in regard to their illegal appointments and promotions.
In the Panamagate verdict handed down by a five-member bench of the apex court in July 2017, the SC saved Mangi from any disciplinary proceedings as it directed the government and all concerned that the tenure of service of all the JIT members shall be safeguarded and protected and no adverse actions of any nature, including transfer and posting, shall be taken against them without informing the monitoring judge of this court nominated by the hon'ble chief justice of Pakistan in the Panama case.
On September 6, 2017, a three-member bench of the Supreme Court, while hearing bail pleas of a former Balochistan minister and ex-food deputy director of the province, expressed displeasure over the performance of Irfan Naeem as DG NAB, Quetta, and noted that he had hampered the Bureau from actively pursuing corruption cases in the province.
However, the SC in this case deplored its inability to take action against Mangi because of the order of five-member bench in the Panamagate, which protected the tenure of all the JIT members.
This situation has made Mangi a case of "real exception" or blatant "discrimination". A man, who under the SC order was issued show cause notice for termination from service before the formation of the JIT, was protected from any adverse action by the SC in another case.
While disciplinary proceeding against over 140 NAB officials are underway as per the SC's order, action against Mangi has already been stopped despite the fact that he was issued the show cause notice before he was even picked up for the JIT to probe the Sharifs’ money matters.
Mangi was given a show-cause notice on April 25, 2017 on the orders of Supreme Court of Pakistan because his recruitment was considered illegal as he was not even qualified for being under-educated and having less experience for the position he was appointed on.
Two days later on April 27, under strange but unexplained conditions, the NAB chief recommended to the SC a panel of officers including Mangi for the JIT. The JIT chief in his initial objections had told the apex court that the NAB was creating hurdles in JIT's smooth functioning as it had issued a show cause notice to Mangi.
NAB responded to JIT's allegation by submitting its strong response along with all documentary evidences that in fact Mangi was given a show-cause notice for 'removal from service' on April 25 in the light of the apex court judgment on illegal appointments in NAB while the bureau recommended Mangi on April 27 and the JIT was constituted on May 5, 2017.
The show-cause issued to Irfan Mangi on 25th April 2017 reads: "You are informed through this notice that your initial appointment in NAB as Deputy Director was inconsistent with TSC 8.02 & NAO, 2002 on account of the following: - "The experience certificate from previous department does not indicate if it is acquired in the fields of investigation/inquiries/ research/legal matters"
"2. AND WHEREAS I, as Competent Authority, am satisfied that Show Cause Notice should be issued to you on the basis of above mentioned grounds and in pursuance of Judgment of the Supreme Court of Pakistan dated 31-03-2017 in suo moto case No. 13/2016 and in accordance with section 8.02 of NAB's TCS.
"3. THEREFORE, you are called upon to appear and show cause within 10 Days from the receipt of this notice as to why your services may not be terminated as per section 8.02 of National Accountability Bureau (NAB) employees Terms and Conditions of Services (TCS), 2002. Your reply will be examined by the committee comprising the following and after affording you opportunity of hearing, record its findings for transmission to Chairman NAB:
"a. Mr. Syed Tahir Shahbaz, Secretary (Establishment) Chairman b. Mr. Habibullah Khan Khattak, Member from FPSC Member c. Mr. Muhammad Shakeel Malik, DG (HRM), Member. If no reply to this Show Cause Notice is received within 10 days, it will be presumed that you have no defence to offer in the matter enabling imposition of the appropriate penalty. You should also state if you wish to be heard in the committee or not."
After the above show cause notice nothing moved in the case of Mangi. On Wednesday last while hearing Balochistan NAB case, Justice Dost Mohammad Khan, who was heading the bench, remarked that Mangi had been facing disciplinary proceedings before being nominated to join the JIT.
Justice Khan deplored that the Balochistan NAB chief was now being hailed as a hero because of his involvement in the JIT. The SC also observed that the Bureau had been unable to pursue several corruption references due to Mr Mangi's sheer negligence.
Another honourable member of the same bench Justice Qazi Faez Isa remarked that Mr Mangi might be implicated as a co-accused in the corruption case against Mr Kakar and the former food deputy director because of his negligence. However, Justice Khan pointed out that since a bench of the apex court had passed an order to protect Mr Mangi's tenure, he could not be taken to task.
