Never-ending inquiries defeat purpose of NAB law: SHC

High court tells National Accountability Bureau to complete inquiry into

land regularisation charges against CS in four months 

Karachi

The Sindh High Court directed the National Accountability Bureau (NAB) on Friday to complete an ongoing investigation against the chief secretary and others in a land regularisation case. 

Hearing a petition filed by Chief Secretary Mohammad Siddique Memon against the unending NAB inquiry into the regularisation of six acres in Scheme 33, the court said that after the investigation, the NAB chairman “shall make a decision without any delay under Section 18(g) of the ordinance without being influenced by the observation or order of the court”.

Taking notice of prolonged inquiries, it observed that it was not the purpose of the National Accountability Ordinance “to have never-ending inquiries/investigations whereby the sword of Damocles remains over the accused for years on end”.

The court said the inquiry in the instant matter had been initiated four years back and converted into an investigation on September 8. It expected that NAB would complete the investigation within four months under its own standard operative procedures. 

Ut also directed NAB to strictly follow the National Accountability Ordinance and complete all inquiries within the time limit.  

It clarified its previous order by saying that it had not directed NAB to file a reference against the chief secretary. It observed that the investigation officer and the deputy prosecutor had mistakenly informed the court that the matter was pending before the chairman with regard to the approval of a reference against the CS. 

The high court observed that it had now been informed that the matter was only being sent to the chairman to see whether the inquiry could be converted into an investigation or not. It said it was matter of concern that the inquiry that had been pending for four years had now converted into an investigation.

Memon had assailed the call-up notice of NAB with regarding to the allotment and regularization of six acres in Sector 52-A Corridor, Scheme 33, Karachi, for residential and commercial purposes.

The counsel for the petitioner submitted that NAB had taken cognizance of the allotment and regularisation of the land in question to Mohammad Ayub. He said the allotment had been cancelled, but later on an application of Ayub the allotment of the land was regularised in January 2008 by a committee headed by a retired judge of the high court.

He submitted that the petitioner had no nexus with the original allotment nor was he a member on the lands committee that had regularised the allotment as he was afterward posted as secretary of the land utilisation department. Besides, he said his client was not a beneficiary either of the allotment or any law whatsoever.

The counsel said NAB was also aware about the regularisation process of the lands committee, as two army officers from the station headquarters and 5 Corps were also members on the committee along with the finance and land utilisation department members and that the process was completed after the examination of all relevant record and clarification. 

The NAB counsel had earlier filed comments mentioning that the regularisation committee was deliberately misguided and facts were concealed from the committee. Besides, it stated that the allottee in connivance with government officials managed to get verification of fake challans. 

NAB asked the court to dismiss the petition of the chief secretary, saying that he did not come to the court with clean hands and the petition was filed with a malafide intention just to hamper the proceedings of the inquiry initiated by it.