HYDERABAD: A special division bench of Sindh High Court comprising Justice Zulfiqar Ali Sangi and Justice Amjad Ali Bohio on Tuesday directed the National Accountability Bureau (NAB) to place on file the entire record in respect of a 2019 inquiry against Liaquat University Hospital (LUH) officer, Abdul Sattar Jatoi, on October 24, when the bureau’s investigating officer should also be in attendance.

Assistant Advocate General (AAG) Ismail Bhutto filed para-wise comments of the health secretary before the bench which were taken on record.

The health secretary partially agreed with the point that as per a Sindh Service Tribunal’s judgement, the health department had written a letter to the finance department on Nov 11, 2023 for the abolition of LUH posts of director BS-20, director (administration, accounts & development) BS-20 and director (administration, account and development) BS-19.

The finance department vide its March 19, 2024 letter had advised the health department to approach the Services, General Administration & Coordination Department (SGA&CD) for concurrence. Accordingly, pursuant to the advice, the health department made such request to the SGA&CD. He said that respondent officer [Abdul Sattar Jatoi] could respond to the allegations pertaining to 182 illegal appointments.

A NAB probe against him under court order is also pending, special prosecutor tells bench

Respondent officer changes lawyer

Mr Jatoi had lately engaged Advocate Sarmad Hani as his counsel in the case but the lawyer’s associate, Advocate Zarar Qadir Shoro, had been representing him in the previous hearings. On Tuesday, Advocate Shoro informed the court that the client had now engaged Advocate Mohammad Ali Lakhani as his lawyer, therefore, Advocate Sarmad Hani’s power be discharged and his name be withdrawn from the file cover and cause list.

Advocate Shoro, in an informal talk to the media, said Mr Jatoi wanted Advocate Hani to seek an adjournment but the latter did not agree and chose to proceed with the matter. “On this, the client resisted and engaged another counsel [Ali Lakhani],” he said.

NAB’s call-up notice issue

Advocate Lakhani contended before the bench that prior to the interim SHC order passed on October 3, no inquiry was initiated by NAB in respect of the allegations [levelled by petitioner Jan Mohammad Lakho] against his client and that “no call-up notice was issued”.

NAB’s Special Prosecutor Niaz Hussain Mirani asserted that the inquiry was initiated and call-up notice was issued.

The court order passed today (Tuesday) mentioned: “We have perused record wherein at page-54 of court file demonstrates that call up notice dated Jan 25, 2019 is available”.

The NAB special prosecutor confirmed that the inquiry against the respondent was pending. The court directed him to file the entire record in respect of the inquiry on October 24, and said that the NAB investigating officer should also be in attendance on the next date of hearing.

Petitioner’s claims

The petition against the former LUH director, Abdul Sattar Jatoi, pertained to his alleged involvement in misappropriation of around R3bn funds. Petitioner Jan Mohammad Lakho has prayed court in his public interest litigation to direct NAB chairman to expedite its 2019 inquiry which should cover illegal appointment of 182 employees in LUH. He also called for a separate inquiry into a fake letter dated Oct 28, 2021 allegedly attributed to the respondent officer to seek release of Rs350m in favour of LUH.

He has further urged court to direct the Sindh chief secretary to expedite the inquiry against Mr Jatoi as per his [secretary’s] Aug 16, 2022 directive and submit findings in court.

The petitioner has insisted that the CS and finance secretary should be directed to abolish the BS-19 post of LUH director (administration, accounts & development) as per health department’s Nov 1, 2023 letter.

In its Aug 22, 2024 order, the bench has already ordered NAB chairman and its Karachi DG to initiate an inquiry against the respondent officer.

The special division bench was formed after Justice Zafar Ahmed Rajput, the senior judge in the previous bench, on October 3 recused to hear the matter on the ground that he is a syndicate member of the Liaquat University of Medical and Health Sciences (LUMHS).

Published in Dawn, October 9th, 2024