NAB violates SOP by delaying multi-billion graft probe against Musharraf

ISLAMABAD: The National Accountability Bureau (NAB), which is hyper-active against opposition politicians, is violating its own standard operating procedure (SOP) in delaying the corruption probe of former military dictator General (R) Pervez Musharraf.

The Bureau is probing Musharraf in multi-billion corruption scam on the direction of the Islamabad High Court (IHC) but the probe is still incomplete despite the passage of prescribed nine-month period. The former military ruler is accused of accumulating assets worth billions beyond means and the allotment of precious government land to his favourite officers to garner their support.

The Bureau has started fresh probe into illegal assets of Musharraf and his misuse of authority after a complaint was filed by a retired military officer Colonel Inamur Rahim Advocate on March 20, 2018. Col Inamur Rahim alleged that Musharraf misused his authority and illegally allotted multiple expensive plots to himself and his favourite officers worth about Rs1,000 billion.

As per NAB SOPs Volume-1, Edition 2015, the Bureau has to complete probe and file a reference in a case within nine months, but Musharraf’s probe is not moving beyond summons to former dictator and his wife Sehba Musharraf in July this year.

The two failed to appear before the NAB Rawalpindi despite summons issued by Malik Zubair Ahmad, Deputy Director IW-1 of the NAB. The NAB probe was directed by the Islamabad High Court (IHC) on February 8, this year on writ petition moved by Col Inam.

The order was passed by a two-member bench comprising current IHC Chief Justice Athar Minallah and Justice Mian Gul Hassan Aurangzeb, wherein it was held that “Clause M of Section 5 leaves no doubt that a person who has served in and retired or resigned from armed forces becomes amenable to the jurisdiction of the Bureau under NAB Ordinance 1999. Likewise, a person who has been the president of Pakistan is not immune from being investigated, tried or convicted for an offence of corruption and corrupt practices under the NAB Ordinance 1999. In the light of above, Musharraf is amenable to be proceeded under the NAB Ordinance and thus investigated, tried and convicted thereunder.

When The News asked the NAB spokesman Asim Ali Nawazish why the probe against Musharraf is not being pursued as seriously as the cases against former prime minister Nawaz Sharif and other opposition politicians, the spokesman simply responded in two sentences: “Inquiry is under process. Media is requested to kindly avoid speculations.”

Meanwhile, frustrated over the delay in the probe, the complainant has written a fresh letter to the NAB Chairman Justice (R) Javed Iqbal this week. In his letter, the retired military officer requested the NAB chairman to seize the illegal properties and assets accumulated by Musharraf beyond his means.

The complainant said he already submitted evidence including a list of more than 10 properties held by Musharraf and his family members in various parts of the country. The worth of only two properties was Rs1 billion as per the letter. The cost of the plots in the name of Musharraf and his family includes, Plots No 172 and 301 (2,000 yards each and worth Rs500 million each) Khayaban-e-Faisal DHA, Karachi, two houses in Army Officers Housing Society Zamzama, DHA Karachi, a plot in Sector D, DHA Islamabad, corner plot no. 1A DHA, Islamabad, plot no. 15A Sector D, DHA Islamabad and plot no. 15B Sector D, DHA Islamabad.

Col Inam alleged that the former dictator misused his authority in illegally disposing off thousands of acres of precious lands situated in different cantonments in violation of rules and regulations on the subject.

“In Karachi Cantonment alone, 2,125 acres of land was disposed off in the same manner,” he said while attaching the complete evidence with record of the land. He said on 05-06-2018, he submitted another letter with the NAB containing the list of commercial and residential plots allotted to the senior military officers over and above their entitlements.

“In order to get the support of senior hierarchy of armed forces and other political figures, he (Musharraf) illegally allotted almost 4,000 acres of precious lands situated in different cantonments, the state-owned commercial plots, residential plots, agriculture lands and stud farms, over and above their entitlements. It can be safely calculated that by allotting complete sectors of DHAs to his cronies, thousands of acres of government lands reserved for defence purposes and for the families of Shuhada, Musharraf caused loss of more than Rs1,000 billion to the national exchequer,” said the complainant.

He said he filed the first complaint against Musharraf in the NAB in 2013, but no action was taken before the IHC order of 2018.

“The whole process of launching a complaint after complaint and approaching high court took almost five years but till to date no action has been taken in that regard. Neither the properties of Musharraf were seized nor were any actions taken against the allottees who are not only the illegal occupants of the plots, but also constructed huge bungalows without any approval from concerned civil authorities,” he alleged.

The complainant added in his letter to the NAB chairman that Musharraf and other allottees were at liberty to dispose of their ill-gotten assets. “In one of his bank account of Union National Bank Abu Dhabi, UAE, account no. 4002000304, Pervez Musharraf had $2 million which were subsequently transferred to unknown account,” he said.

He alleged that in the suo motu case no. 14 of 2011, regarding Gun and Country Club, wherein the CDA land measuring 72 acres and worth billions of rupees was illegally allotted to the above said club with the connivance of Lt Gen Arif Hassan, Chairman Pakistan Sports Board.

“In the garb of sports activities, they were charging Rs6 lac as membership fee from each and every member and further illegally constructed a marquee on the said land to run it as marriage hall. The Supreme Court declared the deal unlawful and directed to take over the entire land along with the structure of shooting range club and other facilities buildings, fittings, fixtures, equipment, assets and accounts etc, vide its judgment announced on 09-7-2018,” he said.

It was also observed by the court during the conduct of proceedings that the then president had no authority to allot even a single inch of CDA Land for the above said purpose, the letter reads.

Col Inam said in a case titled as “NAB Vs M/s Hudaibya Paper Mills Ltd, Lahore”, reported as PLD 2018 SC 296, it was held by the apex court that “NAB ordinance mandates that the case shall be heard from day to day and disposed of within 30 days”, whereas in the case of Musharraf it took almost five years and the NAB could not show any progress. In the said judgment, it was further observed by the apex court that “the person or persons who had exiled respondents (former prime minister) in this case would be deemed to have compromised, hampered, jeopardised and/or defeated the legal process; however, NAB did not launch a prosecution against them.”

This point also required consideration which clearly showed how the NAB was acting. “The criminal justice system requires that a person accused of a crime is brought to justice as speedily as possible. It is a mockery of law to allow criminal cases to proceed for four or five years without any progress,” he said.