Arrest from apex court premises: SC rejects apologies of NAB officials

ISLAMABAD: The Supreme Court (SC) questioned the mode of procedure being adopted by the NAB in dealing with the corruption cases and observed that arresting people before framing charges is tantamount to draconian procedure. A three-member bench headed by acting Chief Justice Umer Ata Bandial heard the bail matter of an accused Saifur Rehman facing charges of cheating his clients of millions of rupees through his dubious investment schemes. The court rejected the unconditional apologies tendered by NAB Rawalpindi DG Irfan Naeem Mangi along with DG NAB (HR) for arresting the accused from court premises and sought written reply from the officials besides seeking report pertaining to the action taken against the officials involved in the incident.

Saifur Rehman an accused in Mazarba scandal was picked up by the NAB officials from the premises of court while he was coming to court on August 30 in his bail matter. The incident was brought into the notice of court by Latif Khosa, counsel for the accused at which the court had ordered action against the officials with the ruling that the rule of law was more important than the recovery of money and that the stolen amount cannot be brought back through intimidation.

On Wednesday, acting Chief Justice Umer Ata Bandial observed that the anti-graft body lacks structural mechanism as well as SOPs for arresting the accused persons. Latif Khosa counsel for the accused said the court was attacked to which acting chief justice asked him not to say like this but added the sanctity of the court has been ridiculed. “People approached the court for relief and the doors of the court are open for everyone either innocent or guilty,” Justice Bandial observed. The court extended the interim bail of accused Saifur Rehman subject to deposit of Rs2 million with the Registrar Office. The court directed the NAB to proceed against the accused in accordance with law.

The court held that prima facie, the anti-graft body is empowered to proceed with the matter. The court also directed the accused to cooperate with the NAB in the ongoing investigation and should turn up when the Bureau summons him. “If the accused failed to cooperate with the Bureau, it should be brought into its notice”, the court asked the NAB prosecutor general. NAB prosecutor general said the NAB chairman had also taken notice of the officials arresting the accused on the court premises. However, acting chief justice said it’s good the chairman had taken notice but the court will proceed in its own way.

During the hearing, DG NAB Rawalpindi Irfan Naeem Mangi told the court that the accused Saifur Rehman took shelter in one of his friend’s house, adding that the accused has made a fraud of some Rs116 billion and cheated over 4 lakh people. He further said he has four wives, adding that one of his wives lives in Malaysia and mastermind of the scandal.

Latif Khosa, counsel for the accused said it’s a serious matter, adding that his client had given affidavit for appearing in the court but he was arrested and subjected to torture.

He said only the Security and Exchange Commission was competent to proceed on illegal deposits from any company and the matter does not fall under the jurisdiction of the NAB.

Justice Muneeb Akhtar observed that the transactions made by the accused company falls in prohibited activities and the NAB has the jurisdiction to proceed against the violators.

Prosecutor General NAB requested the court that the name of the accused should be put on the ECL to which Latif Khosa said his name was already on the ECL, adding that his all accounts have been freezed.

Later, the court extended the interim bail of the accused subject to deposit of the Rs2 million and directed the accused should cooperate with the NAB in the ongoing investigation and if he failed to comply with the order of this court, the Prosecutor General NAB should inform it. “But don’t torture the accused who is under your custody”, Acting Chief Justice Umer Ata Bandial directed Prosecutor NAB and adjourned the hearing for two weeks.