Abbasi acquitted as court allows NAB plea to withdraw PSO MD appointment reference

Former prime minister Shahid Khaqan Abbasi, who has been a severe critic of the National Accountability Bureau (NAB), heaved a sigh of relief on Monday after an accountability court discharged him and others in a reference pertaining to alleged illegal appointments to two key posts in the Pakistan State Oil (PSO) by allowing an application of the anti-corruption watchdog seeking withdrawal of the reference.

In March 2020, NAB had filed the reference against Abbasi and former petroleum secretary Arshad Mirza for allegedly misusing their authority by illegally appointing Sheikh Imran-ul-Haq and Yaqoob Sattar as managing director (MD) and deputy managing director (finance) respectively at the PSO causing a loss to the national exchequer.

On Monday, the former prime minister and co-accused appeared before the accountability court-II on bail. After hearing arguments from both sides, the judge allowed the application filed by the NAB chairman under the Section 31-B (2)(III) of the National Accountability Ordinance 1999 seeking the court's nod to withdraw the case.

"Precise allegations against the accused persons are that accused Shahid Khaqan Abbasi, being Federal Minister for Power and Natural Resources, in connivance with co-accused Arshad Mirza, the then Secretary MPNR, illegally appointed accused Shaikh Imran-ul-Haq and Yaqoob Sattar as MD & DMD of PSO respectively. Hence they have caused loss to national exchequer," read the application.

It stated that one prosecution witness was examined after indictment of the accused persons. The bureau said that Haq filed an application before the NAB chairman requesting withdrawal of the reference.

"That after consultation with the Prosecutor General Accountability, the undersigned has recommended/decided withdrawal of the subject Reference u/s 31-B (2)(II) of NAO, 1999 which empowers the Chairman NAB to withdraw/terminate proceedings at any stage. Hence, this Application is being filed for approval of this learned Court qua withdrawal of reference," the plea said.

Citing the grounds for withdrawal of the case, NAB argued that the material available on record against the accused persons had been examined comprehensively. "A scrutiny of the same transpires that there is no evidence of deriving the personal gain, as such the charge may not substantially prove against the accused persons and there is no probability of accused being convicted for an offence under the provision of NAO, 1999. That it would not be just and proper to continue with the trial of the said accused persons." The court, therefore, was requested to grant approval to withdraw the reference against the accused persons and acquit them in accordance with the law.

In August 2020, the court had indicted Abbasi and other accused persons in the reference. NAB had accused Abbasi, Mirza, Haq and Sattar of causing a loss of Rs138.96 million to the national exchequer.

The bureau had alleged that Abbasi, when serving as the minister for petroleum and natural resources, in connivance with Mirza misused his authority and appointed Sheikh as the MD and Sattar as a deputy MD at the PSO in violation of the rules and regulations at exorbitant salaries ranging between Rs3 to Rs5 million per month. The inquiry into this case was conducted on the Supreme Court's order of July 14, 2018.

Speaking to the media after his acquittal, Abbasi, who is the convener of the newly-formed Awaam Pakistan (AP) party, expressed relief, saying: "This should be a day of happiness for us as the judge has acquitted all four of us accused after NAB's decision to withdraw the reference."

"The case lingered on for four years and two months, during which NAB could produce just one witness, who too said nothing incriminating against us," the former PM maintained, explaining that the case did not involve corruption charges and it was about alleged misuse of authority.

Abbasi said the Sindh High Court had observed during the hearing of his bail plea that the case was wrongly made when NAB admitted before the court that the powers to appoint the PSO MD rested with the prime minister, yet this case dragged on for over four years. "This is unfortunate but we are politicians and our job is to face cases," he lamented, reiterating that NAB must be abolished to ensure progress of the country.

"The sooner NAB is done away with, the better for the country," he said, adding that cases instituted for political engineering got exposed in courts. Responding to a question about the current situation in the country, the ex-premier suggested that all stakeholders should sit together to decide the future path for the country.