SC reminds but NAB shies away from proceeding against Musharraf

ISLAMABAD: Without naming General (retd) Pervez Musharraf, the Supreme Court in Hudaibya case yet again reminded the National Accountability Bureau of its own law which envisages 10-years jail for those who hamper or defeat any of Bureau’s investigation but lamented that NAB did not move against those who had jeopardised Bureau’s probe by sending Sharifs into exile.

“It is an offence punishable with rigorous imprisonment for up to 10 years, if any person compromises, hampers, jeopardises or defeats any investigation under process before NAB or the Accountability Court,” the Supreme Court order said while referring to the NAB law.

“The person or persons who had exiled respondent Nos 2 and 3 (Nawaz Sharif and Shahbaz Sharif) would be deemed to have compromised, hampered, jeopardised and defeated the legal process,” the Supreme Court detailed verdict in Hudaibya case said, lamenting: “However, NAB did not launch a prosecution against them.”

In addition to this case, a former NAB Chairman Lt Gen (retd) Shahid Aziz in his book--“Yeh Khamoshi Kahan Tak”--had also talked in detail about how General (retd) Pervez Musharraf during his dictatorship had been pressuring him to stop probe into different cases of mega corruption.

Interestingly, neither any of the past chairman nor the incumbent one--Justice (retd) Javed Iqbal--have proceeded against General Musharraf in any of these matters or in relation to some complaints made about how the dictator illegally doled out military land to those not qualified to get such benefits.

NAB, which has the hobby of going after “marked” politicians while misusing its mandate to probe “wealth beyond known means”, intriguingly also ignored to look into huge amount that General (retd) Musharraf himself admitted to have received from a former King of Saudi Arabia. Musharraf, however, never declared the said amount in his tax returns till recent years while he was in Pakistan.

Of late, a well informed official source in the NAB had confided to The News that no action could be initiated on complaints against Musharraf because NAB's legal wing had viewed that the NAB law could not be extended to Musharraf for legal and constitutional bars.

This newspaper published a story on the subject and quoted the sources having said that unless NAB under its recently appointed Chairman Justice (retd) Javed Iqbal re-examines this controversial interpretation of NAB’s legal mind, no probe would be initiated against Musharraf.

It was said that the NAB, in the past, has been killing all complaints against Musharraf for two reasons. i) Being Army chief whatever Musharraf did, including the doling out of military lands to civilians including politicians, NAB could not proceed against him because the NAB Law does not cover the corruption or misuse of authority in military and judiciary. ii) Being president of Pakistan whatever Musharraf did is covered by presidential immunity under Article 248 of the Constitution.

Although under NAB law’s definition of the “Holder of Public Office” includes the office of the President, a NAB official source said that NAB legal minds have been referring to Article 248 to prevent the Bureau from initiating any inquiry or probe into any complaint against Musharraf.

In the same report, it was alleged by another official source that pro-Musharraf elements in the NAB have been blocking every complaint against the ousted dictator in the name of legal and constitutional bars.

The source was of the view that the Presidential immunity under Article 248 of the constitution was connected "with the term of the presidency and not for life," of the person who has been the president.

The NAB law, it is said, differentiates between the president and the governor from other public officer holders, including prime minister. In the case of the president and governor, the definition says “a person who has been President of Pakistan or the Governor of a province.” In the case of other public office holders, the definition says, “a person who is or has been the Prime Minister, Chairman Senate, Speaker National Assembly…” It means president and governor could not be proceeded against till such time they are in office.

It was expected from the incumbent NAB chairman to review the issue and ensure across the board accountability. But he too followed the footsteps of his predecessors and remains focused in corruption drive against politicians.