Law ministry top official controlling NAB faces NAB reference

ISLAMABAD: A top official of the Ministry of Law, which has drafted amendments to NAB Ordinance, is facing a NAB reference in an accountability court but the National Accountability Bureau (NAB) is unable to object to his appointment fearing reprisal as it is under the administrative control of the same ministry. This is in contrast with the past when NAB wrote to the ministry for the removal of a joint secretary who was under its investigations on corruption charges. He was subsequently transferred from the law ministry.

A minister is asked to resign soon after a reference is filed against him but an officer already facing NAB reference has been appointed in the ministry on one of the top positions instead, commented a NAB official highlighting the double standards. It becomes rather more criminal when such a person also plays a major role in appointments of judges of accountability courts other than dealing with the administrative issues of the NAB, he noted. Right from budget proposals to other matters, the ministry liaises between NAB and other branches of the government.

The said officer, BS-21, of Office Management Group was arrested by NAB in 2016 for allegedly giving financial benefits to eight pharmaceutical companies through illegal increase in medicine prices causing loss to public exchequer of Rs1,078.08 million. He was on top position of Drug Pricing Committee of Drug Regulatory Authority of Pakistan (DRAP) in 2012 when this arbitrary price determination was carried out. Other DRAP officials and owners of four pharmaceutical companies were also arrested.

He was later granted bail but the case remained inconclusive. While owners of the pharmaceutical companies entered into a plea bargain and returned the ill-gotten money earned through exorbitant increase in medicine prices, NAB filed a reference against him and other government officials involved in the process. The case is presently under trial.

However, the officer claimed innocence while talking to The News. He said NAB prosecutors have been unable to prove any wrongdoing against him, nevertheless, his case lingers on. The reference is pending in the court of Judge Muhammad Bashir who has been granted an extension of three years by the law ministry to work at present position. The officer, who has been in the ministry for more than a year, said he has never influenced any judge for his case thus there is no conflict of interest.

On the other hand, NAB official says that they have done their job by collecting evidence that formed basis of the reference against him, among others, and the ball is now in the court of accountability judge whether the trial is expedited or run on slow pace. “Our job was to submit the charge-sheet which has been done. Arguments have not started yet,” said a NAB official adding that NAB is hesitant to file an application before the court requesting early hearing. According to the accused officer, he appears before the judge whenever he is summoned and that he greatly values the independence of judiciary.

In a case of somewhat similar nature, NAB had objected to the appointment of a joint secretary in the Law Ministry. The joint secretary was facing the charges of irregularities in the Cattle Market Management Company, Multan, wherein he had served at key position. He was posted in NAB when the inquiry started. He allegedly appointed investigators of his choice to probe his case.

As NAB authorities got wind of the matter, he was removed and surrendered to the Establishment Division which later posted him as joint secretary in the law ministry which was objected to by the NAB. In a letter to the secretary law, NAB demanded his transfer back to the Establishment Division on the grounds that he could use his position in the ministry which is administrative head of NAB, to influence his investigation. He was subsequently transferred.