KARACHI, May 12: Turning down a request made by the National Accountability Bureau seeking closure of proceedings against Federal Minister Syed Khursheed Ahmed Shah on a complaint regarding alleged accumulation of illegitimate assets, an accountability court directed the apex anti-corruption body to file a reference against him within a month.

In an application moved under Section 9-C of the NAB Ordinance 1999, the NAB chairman, through a prosecutor, submitted that after completing the investigation against Federal Minister for Religious Affairs Syed Khursheed Ahmed Shah on a complaint regarding possessing assets beyond his legal means, an investigation officer recommended closure of the matter saying no prima facie case was made out. Therefore, the NAB, which is a prosecuting as well as investigating agency in the present case, prayed the court to approve the plea.

However, in a rare move, the administrative judge of the accountability courts in Karachi, Arshad Noor Khan, dismissed the application and ruled that the plea had no merit.

The court observed that the same investigation officer after conducting inquiries into the allegations had twice found enough evidence to prosecute the suspect.

However, after conducting yet another investigation into the matter on the directive of his superiors, the IO suggested closing the investigation on the same evidence, which he had earlier submitted in his reports, it added.

The court further observed that the last investigation was almost similar to the earlier probes apart from the statements of two witnesses, who were not examined by the IO, but by a Mukhtiarkar. Besides, both statements were not discussed by the IO in his last report, it added.

“After the appraisal of whole evidence available on record, I am of the opinion that the chairman NAB was not competent to order the closure of the case in presence of earlier two investigation reports dated 23-7-2007 & 21-2-2008. The applicant has, therefore, no merit and the same is thereby dismissed with direction to chairman NAB to submit reference within 30 days positively from the date of this order,” the verdict concluded.

A court official said it was for the first time since the establishment of the accountability courts in 1999 in Karachi that a court dismissed an application moved under Section 9-C of the NAB Ordinance.

Section 9-C states that if after completing the investigation of an offence against a holder of public office or any other person, the NAB chairman is satisfied that no prima facie case is made out against him and the case may be closed, the chairman shall refer the matter to a court for approval and for release of the accused if in custody.

A compliant was filed against Khursheed Shah in November 2005 that he was twice elected councillor of the Sukkar Municipal Corporation in the late 1970s and then elected an MPA and subsequently became a provincial minister. Thereafter, he was elected an MNA and made a federal minister and during his tenures as a public office-holder, he allegedly accumulated moveable/ immoveable properties, which were incompatible with his known legitimate sources of income, it added.

NAB deputy director Izhar Ahmed Awan conducted investigations into the complaint and submitted his report in July 2007 recommending that a reference be filed against the suspect. But the matter was reinvestigated by the same officer and in Feb 2008 he again suggested that there were enough evidence to prosecute the suspect.

However, the reference was not filed against Mr Shah apparently since the PPP came into power following the Feb 2008 general election and yet another investigation was ordered into the complaint.

Mr Awan submitted his third investigation report on March 8, 2012, but this time he recommended that the investigation be closed since no evidence was found against the suspect.