ISLAMABAD: The Islamabad High Court (IHC) noted on Saturday any arbitrary, reckless and unjustified use of executive power to arrest by the National Accountability Bureau (NAB) could adversely impact governance system and economy.
The court made the observation in its verdict on the bail approval of Director General Pakistan Telecommunication Authority (PTA) Abdul Samad and Director Amjad Mustafa in a corruption case related to 4G licence. IHC Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb announced the judgment.
The IHC remarked abuse of arrest powers was harmful to the economy, investment policies and foreign policy interests of the state. It stressed across-the-board accountability in a transparent manner and free from discrimination and arbitrary exercise of powers was inevitable to meet the challenges faced by the menace of corruption.
The detailed judgment remarked incompetence, lack of professional expertise and proper training to deal with white-collar crime, besides jeopardising constitutional rights could have detrimental consequences for the governance and economy.
The court noted an effective and efficient accountability process or mechanism was an integral part of a democratic system and a precondition for upholding the rule of law. But the foundational principle or requirement for an effective and credible accountability entity such as the bureau was the trust and confidence of the people in its fairness, impartiality, professionalism and above all that it was free from discrimination.
It stated arbitrary or indiscriminate exercise of executive powers vested in such entities, instead of achieving the public interest for which it had been established, could greatly harm other public interests.
The court remarked no doubt corruption was one of the biggest evils which affects everyone, but the most vulnerable and downtrodden were the real victims and thus it could not be tolerated in any form.
The judgment stated corruption had badly affected rule of law and economic development in the country and it had also discouraged foreign investors. The verdict further stated in order to get rid of corruption, it was important for the NAB to hold everyone accountable.
It stated abuse of NAB authorities could negatively impact governance and economy, adding it was important for the anti-corruption watchdog to have enough evidence before arresting an accused. In the absence of solid evidence against accused their arrest was an abuse of authority, it stated.
