The Sindh High Court on Thursday issued notices to the attorney general of Pakistan and the advocate general of Sindh to assist it in determining the status of the National Institute of Cardiovascular Diseases (NICVD), keeping in view the 18th amendment, and tell whether the institute came under the provincial government or the federal government.
The direction came during a hearing of a petition of the NICVD and its executive director, Dr Nadeem Qamar, in which they challenged an ongoing Federal Investigation Agency inquiry into to alleged corruption, misuse of funds, illegal appointments, out-of-turn promotions and awarding tenders to self-selected vendors in the NICVD.
Qamar submitted that the FIA had no jurisdiction to initiate the inquiry on as complaint of an NICVD employee as the institute was still a provincial subject. The counsel submitted that the FIA had earlier conducted an inquiry but had not found anything incriminating, and a fresh inquiry into the matter could not therefore be justified under the law.
He said the National Accountability Bureau was also conducting an inquiry; therefore, an inquiry by the FIA in same matter amounts to harassing the petitioner and its officials.
An FIA inquiry officer submitted that the inquiry was authorised after a written complaint was filed by the staff officer to the executive director of the NICVD with regard to alleged corruption, irregularities and misuse of funds in the institute. He said the complainant also appeared before him and owned the content of his complaint and informed him that he was facing death threats from officials of the NICVD.
The inquiry officer said health secretary Zahid Ali Abbas had already mentioned in the comments filed with the SHC that the administrative control/management of the hospital had been taken over by the ministry of national health services, regulation and coordination; therefore, the question of jurisdiction of the federal government did not arise. He denied allegations of harassment by the FIA and submitted that only letters for the requisition of the record were sent and he did not visit the institute in connection with the procurement of the record and no face-to-face conversation with any officer at the NICVD took place on the premises of the NICVD; hence, the question of causing harassment did not arise.
The court was requested to dismiss the petition and direct the NICVD to provide the requisite record in light of the allegations levelled by the senior government officer of the NICVD who had been harassed and threatened for whistleblowing.
The complainant, Dr Tariq Ahmed Sheikh, also filed an application for becoming intervener in the petition of the NICVD, submitting that he had noticed illegalities and irregularities of the highest level in the affairs of the heart hospital, including but not limited to misuse of power, unjustified and excessive salaries, perks and privileges, nepotism by way of illegal appointments of blood relatives, illegal out-of-turn promotions, excessive loans and salaries contrary to regulations, misuse of bank accounts, reappointments of retired employees with huge salaries, lack of a statutory audit and embezzlements of donations.
He said he had brought the irregularities to the notice of the executive director of the NICVD and the chief secretary, but no action was taken and consequently he lodged a complaint with the FIA, which resulted the initiation of an inquiry.
A division bench headed by Justice Mohammad Karim Khan Agha issued notices to the NICVD and other respondents on the application of the intervener to file comments at next hearing. The counsel for the petitioner sought time to file a rejoinder on the FIA comments.
The court observed that main issue is whether the FIA has the authority to investigate the affairs of the NICVD which is a provincial department.
The court issued notices to the attorney general of Pakistan and the advocate general of Sindh to assist it in determining the status of the hospital. It also directed the inquiry officer to appear before the court along with the relevant record on January 6.
