NAB chairman apologised for excesses but promised no remedy

ISLAMABAD: In a first, National Accountability Bureau (NAB) chairman has offered an apology to bureaucrats wrongly suffered in the hands of NAB but he didn’t promise waiving off the immunity for NAB investigators playing havoc with the lives of the innocents.

During an interaction with provincial secretaries in Peshawar late Thursday, Justice (R) Javed Iqbal was urged to practice what he preached when the NAB chairman pressed on officers to face accountability in this world instead of facing it on the Day of Judgment.

A provincial secretary interrupted at this point. He had spent two years in jail in a NAB case, his ailing wife became bed-ridden and his son, a teenager, took refuge in drug-addiction to fight depression. The litigation fee in millions is apart from it.

“You have rightly said, sir. I have faced NAB without anything proved against me as yet,” said Arshad Khan who is presently KP Secretary for Elementary and Secondary Education. He was picked by NAB in 2015 for the alleged misuse of disaster management funds being Fata DG and assets beyond known means.

As the cases against him are at trial stages and Arshad is on bail, NAB’s investigation officer is not showing up before the court for producing evidence against him. The judge has fined the investigator for his repeated absence.

“If we are to face the accountability in this world, what about the NAB officials who fabricate cases on false allegations, defame on groundless charges. They too must be held accountable in this world instead of hiding behind the immunity,” Arshad continued. “Once I am acquitted of the charges, I want to sue NAB for destroying my life. I, therefore, urge you to waive off immunity the NAB officials enjoy for their misdeeds,” he said but his prayer went unanswered.

Arshad also raised questions about NAB actions lacking rules as the accountability watchdog operates through Standard Operating Procedures (SOPs) which don’t have legal grounds to stand on. NAB which came into existence through NAB Ordinance 2002 was required to frame the rules which has not been done till to-date. The Supreme Court has set aside decisions of different departments taken in absence of the rules and directed the framing of them.

NAB chairman faced scathing critique as he invited feedback from the officers. Recognising the criticism NAB has courted from different sections of society, Justice (R) Javed Iqbal said he decided to consult bureaucracy amid growing apprehensions that bureaucracy had stopped working out of NAB fear. A couple of months ago, he had this kind of a session with the federal secretaries in Islamabad.

“I asked them if NAB law is black law as is being propagated, let me know where the lacunas existed,” he told provincial secretaries referring to his meeting with the federal secretaries. None offered any suggestion, he said. Also in attendance were the federal secretaries facing NAB cases, NAB chairman said.

This was the point when Arshad stood up. “Since I was the one facing NAB, sitting silent meant the admission of guilt and no objection on NAB’s style of accountability,” he told The News.

Arshad then explained at length about the charges against him, how he was picked and sent to jail where he remained for two years without ever making an excuse for hospitalisation on medical grounds. Asmatullah Gandapur, presently Secretary Mineral of KP, was second to speak. He is facing NAB for doing nothing as he issued a dissenting note for an out of court settlement when he was additional secretary minerals. He was arrested by NAB; investigation officers would admit he was falsely implicated but cases has not been closed. His wife went through trauma and his son’s education suffered. From a brilliant student, he became an average student.

As for Arshad Khan is concerned, facing litigation and defamation were not the only challenge he faced during detention. His wife, an arthritis patient, became bed-ridden. His son started using hashish to fight depression; he’s presently undergoing rehabilitation process. Arshad said he had so far spent more than Rs10 million on litigation. When asked by The News how he managed heavy fee for lawyers, he pointed towards his rental properties, a petrol pump and gardens and claimed having inherited these sources and verified by NAB as legitimate.

After hearing the ordeals of these two provincial secretaries, NAB chairman had the cases noted to his staff for looking into them. He also apologised to these officers and wished them good luck in the court but didn't take the responsibility as he said the cases were instituted before him. He claimed that nothing like this occurred under his watch, altogether forgetting the suicide case of Asad Munir who, in his suicide note, had blamed NAB for launching investigation against him. While Asmatullah was picked notwithstanding the fact he had a dissenting note, the reference was filed against Asad for recommending the restoration of a plot in line with CDA policy. Neither of them was the approving authority in the relevant cases.

Regarding NAB operations through SOPs, Javed Iqbal said they were presented before the SC a couple of times and went unchallenged. However, he admitted the rules had to be framed. He said it was being done as a committee had been set up for the purpose. Once prepared, they would be approved from the federal cabinet. However, he didn’t promise waiving off immunity being enjoyed by NAB officials for falsely implicating and torturing different individuals.

When NAB spokesman contacted for version, he said chairman didn't offer any apology to bureaucracy "of his tenure."

He said that NAB believes in “Accountability for All” across the board in accordance with law. He said NAB believes in self accountability and reiterated his firm resolve that NAB does not believe in victimisation and NAB officers had been ordered to ensure self-respect of every person.