Seizing with probe into sugar, wheat scandals: NAB chairman exercises suo motu powers on public outcry

ISLAMABAD: National Accountability Bureau (NAB) Chairman Justice Javed Iqbal’s decision to get the mega sugar and wheat scams investigated by the anti-corruption watchdog is a suo motu notice that he has taken, exercising his powers under the law.

He used this authority in the wake of public outcry and demands that the NAB should also spring into action in this matter especially after the Federal Investigation Agency (FIA) director general led inquiry committee has pointed out massive corruption. Such calls stressed that while the NAB has been excessively taking suo motu notices against opposition politicians and others, it should not ignore this swindle, documented by a government organisation.

Legal experts say under the National Accountability Ordinance (NAO), 1999, such probe undertaken by the NAB ousts the jurisdiction of any other agency or authority to look into the same matter. They refer to Section 19, which says the responsibility for inquiry into and investigation of an offence alleged to have been committed under the NAO will rest with the NAB to the exclusion of any other agency or authority unless any such agency or authority is required to do so by the NAB chairman or by a NAB officer duly authorised by him.

Experts say while a commission of inquiry (CoI) led by the FIA director general, established by the federal government under the relevant law, continues its probe into the sugar scandal, the NAB has the powers to simultaneously look into it. They add that it will be the NAB that will prevail and prosecute the offenders, if any, by filing reference against them.

It is up to the government to refer the CoI’s non-binding findings to the FIA, Anti-Corruption Establishment, Security Exchange Commission of Pakistan or any other organisation for further probe to institute cases against those held responsible in them. Before that, the NAB has acted on its own, a power it has under the NAO.

An official told The News that the NAB chairman has already taken suo motu notices of non-completion of the Park Enclave by the Capital Development Authority, construction and expansion of Kachhi canal, the sorry light of the Pakistan Steel Mills destruction and wastage of public money, construction of the State Life Tower, Chiniot mines etc.

Under Section 18, the NAB has three options to proceed in an alleged corruption matter – on receiving a reference from an “appropriate government”, receipt of a complaint or on its own accord. The chairman opted for the last choice in the instant case before any government decision on the CoI findings. The law says an accountability court will not take cognizance of any offence under the NAO except on a reference made by the NAB chief or a NAB officer duly authorised by him.

It says where the NAB chairman or his nominated official is of the opinion that it is, or may be, necessary and appropriate to initiate proceedings against any person, he will refer the matter for inquiry or investigation.

The anti-corruption watchdog chief and such members, officers or servants of the NAB will have and exercise, for the purposes of an inquiry or investigation the power to arrest any person, and all the powers of an officer-in-charge of a police station, and for that purpose may cause the attendance of any person, and when and if the assistance of any agency, police officer or any other official or agency, as the case may be, is sought by the NAB such official or agency will render such assistance provided that no person will be arrested without the permission of the NAB chairman.

Any inquiry or investigation will be completed expeditiously as may be practical and feasible. The NAB chairman will appraise the material and the evidence placed before him during the inquiry and investigation, and if he decides that it would be proper and just to proceed further and there is sufficient material to justify filing of a reference, he will refer the matter to the concerned accountability court.

If a complaint is inquired into and investigated by the NAB and it is concluded that the complaint received was prima facie frivolous or has been filed with intent to malign or defame any person, the NAB chairman or his deputy or his duly nominated officer may refer the matter to the court, and if the complainant is found guilty he will be punishable with imprisonment for a term which may extend to one year, or with fine or with both.