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What makes NAB case against Fawad flawed and fishy

By Ansar Abbasi
July 07, 2018

ISLAMABAD: The National Accountability Bureau (NAB) case against Fawad Hassan Fawad looks quite far-fetched as the Bureau alleged the former secretary to the PM of getting a contract for Ashiana project cancelled in 2013 under a Public Private Partnership law (which was enacted by the Punjab Assembly) and then allotted the project to a “favourite” company in 2015.

Sources close to Fawad said that what exposes the hollowness of the case is the fact that during all these times -- 2013 to 2015 -- Fawad was not holding any office in Punjab. Additionally, these sources said that the NAB before the accountability court, where Fawad was presented on Friday, did not talk of any allegation but Ashiana project. On Thursday, the NAB through its press release had charged Fawad of several allegations to justify the officer’s arrest.

These sources said that Fawad is of the view that the detailed order of chief minister for inquiry by Anti-Corruption Establishment was recorded by him on March 20, 2013. However, this order addressed to Punjab Land Development Company (PLDC) did not mention cancellation or anything about new contract.

While the officer was alleged of his role in giving contract to a favourite company, but this development took place in 2015 following a new law passed by the post-2013 election Punjab Assembly. Fawad, these sources said, told the NAB that he was made OSD on March 30, 2013 and had joined Staff College. The 2013 elections were held in May 2013.

Since March 30, 2013 till now he never served in the Punjab government which raises the fundamental question how could he influence cancellation of the contract and to whose benefit when he was not even holding any office in Punjab.

The sources said that it came to light that former PLDC CEO, who is now an approver against Fawad, had himself cancelled the contract way after March 30, 2013 and later himself had revived it too. The sources said that Fawad even told the accountability court that people on whose statement he was arrested are the culprits for the wrongdoing against which he had ordered an inquiry.

The NAB’s case is that Fawad got the contract of Latif and Sons cancelled in 2013 in order to benefit Bismillah Engineering and Paragon in 2015. Besides the very fact that Fawad was not holding any position in Punjab when the contract was cancelled, the charge of giving contract to a favourite firm also sound hilarious because of the fact that once Latif and Sons settled the matter in arbitration after going to court, the Punjab government had scrapped the whole initiative and dropped the plan of constructing or developing the Ashiana itself.

Because of what had happened in the case of Latif and Sons, the Punjab government in 2014 decided to do this housing development through public private partnership on a model as done in UK under rubric of “Social Housing”. It is said that the then governor Chaudhry Sarwar had advocated and introduced the social housing concept to Punjab policymakers much after Fawad had left Punjab.

In light of this, in 2014, the Punjab Assembly had passed a law to enable the administration and different departments to undertake public private partnership projects. Later on after a process, the Ashiana project was launched as a private public partnership initiative and awarded through competitive bidding process.

Moreover once the successful bidder could not deliver, the deal was aborted and land retrieved and it vests with the Punjab government and not a penny was paid to Bismillah Engineering. In this situation, the sources said, the NAB case looks quite far-fetched that Fawad got a contract cancelled in 2013, then got a public private partnership law enacted by the Punjab Assembly and then the deal was allotted to a company in 2015. However, all this time Fawad was not holding any office in Punjab.

Ultimately, even the contract awarded to the “favourite” company was also cancelled, which means there was zero loss to the government exchequer. There is no allegation against Fawad of illegal gains by the NAB, which makes the entire case flawed and fishy.

“This is worst conceivable victimisation and witch hunt,” a senior government servant, who closely know Fawad, told The News, adding, “I appeal to higher judiciary to protect the freedom and rights of citizens and uphold rule of law and rein in the publicity hungry NAB.”

The officer said the NAB as well as the judiciary should also get the repute of both Fawad and the complainant checked which will help expose the NAB’s entire case.