PESHAWAR: All National Accountability Bureau officers from the chairman to investigators have been working without rules since the anti-corruption body’s establishment two decades ago, claimed civil officers during an interaction with NAB chairman Javed Iqbal here on Thursday.
According to multiple sources Dawn spoke to, the NAB chairman didn’t offer direct answer to the observation made during a Civil Secretariat function.
Citing a classroom situation as a reason, he responded in a lighter vein saying, ‘a good question’ and promised to return to the questioner with complete details.
Insist those cleared by courts of wrong charges should get the right to sue bureau, its officials
Mr Iqbal, who had come to the meeting to present a cheque of the money recovered from corrupt people, to the government and speak to the officers, had opened up the forum to discussion to ally apprehensions about the accountability process within the bureaucracy.
The participants said at least two senior officers, who currently faced NAB inquiries, spoke at length to raise not only the ‘ordeal, humiliation and suffering’ faced by them and their families at the hands of bureau investigators but also highlighted lacunas in the accountability law, ‘unbridled’ powers of NAB officers, and lack of balance and accountability for them.
An official said elementary and secondary education secretary Arshad Khan and mineral development secretary Asmatullah Gandapur pointed out at great length the ‘humiliation’ meted out by the accountability body to the officers accused of corrupt practices. A source quoted Arshad Khan as telling the NAB chairman that whatever happened to him in the name of accountability was not justified.
“He (secretary) also pointed out that the absence of rules to be framed under the NAB Ordinance, 1999, has made investigation officers all-powerful and that all accountability officers starting from IO to chairman are operating in legal vacuum,” the official said.
Mr Arshad, who is facing three inquiries, said the inquiry against him began in Sept 2014 but it was stopped as the payment was not released and that he was reinitiated once the money was released later in April 2015.
“If the payment was wrong, then the NAB could have stopped it instead of waiting for several months,” the source quoted the officer as saying.
Mr Arshad also told the meeting that even the officials exonerated from charges couldn’t sue NAB for damages, which was a violation of the Constitution.
He said while the NAB took the cover of the ‘good faith’ clause, the same was not available to officers charged with irregularities.
His contention was that the officers wrongly accused and subsequently exonerated by the courts should have the right to sue the NAB and its officials.
He demanded that the accountability bureau issue a public apology for ruining the reputation of officers, who were wrongly accused of corruption or misuse of authority.
The source said Asmatullah Wazir told the NAB chairman that he served in the defunct tribal belt and continued to face death threats. The officer said instead of rewarding him for his services under tough conditions, he was arrested and humiliated in the name of accountability.
He told the NAB chairman that his wife suffered mental problems due to his arrest, while his children’s grades in educational institutions went from outstanding to below average due to trauma.
He wondered how an honest officer was likely to foot the litigation bill to save his reputation and honour.
Mr Wazir pointed out that the NAB also enjoyed indemnity for its action that caused financial and reputational run to other people.
He claimed that even NAB officers were of the view that his ordeal was unjustified.
The officer also said there was neither apology nor compensation from the bureau for the accused in cases if charges were proven false and that the stigma of being corrupt stuck to him for life and that there should be some system for it.
Mr Wazir also asked the NAB chairman to put in place some system to check chances of successful prosecution of an accused before harming their honour and dignity with allegations of corruption.
“I was charged for writing a dissenting note in a litigation case as the additional secretary despite the fact I was not the decision-making authority,” Mr Wazir said.
The sources said the NAB chairman, who was earlier in a defiant mood, later became defensive and said he was only responsible for his 14 months tenure and had nothing to do with what happened before him.
He said he had withdrawn powers to arrest officers from provincial chapter of the accountability body and was making sure that injustice isn’t done to anybody.
A spokesperson for NAB KP declined to comment on the discussions and referred Dawn to its headquarters where the spokesperson did not take calls despite several attempts.
However, a NAB official said two officers were under trial and therefore, they had to say whatever they said.
Published in Dawn, March 30th, 2019