NAB, its chief put to test again

ISLAMABAD: Here comes a real test for the NAB and its chief. Otherwise enthusiastically flexing its muscles against the politicians, the Bureau now gets a fresh direction from Islamabad High Court to proceed against what it had earlier considered for itself a no go area: General (retd) Pervez Musharraf.

The IHC on Friday directed the Bureau to proceed against Pervez Musharraf for his alleged corruption while holding the office of president of Pakistan. The direction came from a division bench of the IHC comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb.

Now it will be seen if NAB and its present chief will follow the direction of the IHC, or will challenge it as the Bureau has been showing reluctance to proceed against Musharraf on complaints of the Anti Corruption Establishment.

Only recently without naming General(retd) Musharraf, even the SC in Hudaibya case had reminded the NAB of its own law which envisages 10-years jail for those who hamper or defeat any of the Bureau’s investigation, and 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 had 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.”

The NAB turned its blind eye to what the apex court expected from the Bureau, which, however, continued its hunt for politicians. Interestingly, neither any of the past chairman nor the incumbent Justice (retd) Javed Iqbal have proceeded against General Musharraf in any of the matters as reflected in the SC’s case or in relation to some complaints made about the assets beyond means or how the dictator illegally doled out military land to those not qualified to get such benefits.

In a January 8, 2012, report, The News had reported that Musharraf has suddenly become a billionaire though he hardly had any cash in his accounts when he became the chief executive of the country after imposing martial law on October 12, 1999, and made his assets public. He only had some plots in different cities at that time. The News had reported that there was no indication as to who funds him and how he became fabulously rich but the retired general accumulated billions in offshore accounts besides the property that he has already purchased in foreign lands or inside Pakistan.

The News reported quoting sources having close association with the former dictator that Musharraf has at least seven to ten offshore accounts in Dubai and London containing huge cash in dollars, pound sterling and dirhams.

In his memoirs - In the Line of Fire - Musharraf admitted that he had come from a really humble backgrounds where they did not have enough money, but now he pays at least half a million rupees as monthly salary to his personal staff residing in Pakistan.

According to January 8, 2012, The News report: “Besides having foreign bank accounts, Musharraf has also made huge saving investments abroad to earn large profits. The source said that in just one Dubai based online trading service — MMA — Musharraf had US$1,600,000 (Rs145 million) last year (2011). Musharraf’s account number, according to a source in this company, is AV77777.

In the Union National Bank, which is an investment bank in Abu Dhabi, Musharraf and his spouse Sehba Musharraf, have a joint account No 4002000304, in which the amount was almost UAE Dirhams 17,000,000 (Rs391 million).

In the same bank- the Union National Bank- the duo, Mr and Mrs Musharraf have another joint account No 400200315, which is a dollar account. This particular account contained US$535,325 (Rs48 million).

In yet another UAE Dirham account in the same financial institution — the Union National Bank — Sehba and Musharraf had almost UAE Dirhams 7,600,000 (Rs174 million). The account No is 4003006700.

In the fourth account, No 4003006711, in the Union National Bank, the duo had UAE Dirhams 8,000,000 (Rs184 million).

In the fifth account, No 4003006722 in the same bank — the Union National Bank — Musharraf and his wife had US$ 8,000,000 (Rs728 million).

In the sixth account, No 4003006733, Mrs Sehba Musharraf and Mr Pervez Musharraf had UAE Dirhams 8,000,000 (Rs184 million).

In the seventh account, No 4003006744, in the same Union National Bank, the duo holds UAE Dirhams 8,000,000 (Rs184 million).

In their eighth account in the same bank — the Union National Bank Abu Dhabi — the duo had US$ 1,300,000 (Rs118 million).

During the initial few months of his taking over as a military dictator General Musharraf hardly had any cash except some plots. Musharraf claimed to be the Mr Clean of Pakistan. How did he become a billionaire remains a million dollar question.

A few months ago when this correspondent had approached NAB with specific questions about complaints against Musharraf, it was said 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 constraints

It was said that the NAB, in the past, had been killing all complaints against Musharraf for two reasons. i) Being Army chief whatever Musharraf did, including the doling out of military land to civilians including politicians, NAB could not proceed against him because the NAB Law does not cover the corruption or misuse of authorities 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 the NAB legal minds have been referring to Article 248 to prevent the Bureau from initiating any inquiry or probe into any complaint against Musharraf.

The NAB’s reluctance to proceed against Musharraf, however, became clear when even after the SC’s reprimand of the Bureau in Hudaibya case it remained unmoved against the ousted dictator. Now the IHC has given a clear direction to the bureau to proceed against Pervez Musharraf for his alleged corruption while holding the office of President of Pakistan.