PESHAWAR: The Peshawar High Court has ordered the National Accountability Bureau (NAB) to submit minutes of its executive board’s last year meeting, which had decided to close a probe into the alleged irregularities in the 2014 leasing of government land in Malam Jabba, Swat.

A bench consisting of Justice Roohul Amin Khan and Justice Mohammad Ibrahim Khan turned down the contention of NAB deputy prosecutor general Syed Azeem Dad against the production of that meeting’s minutes as he insisted that the sought-after document was a privileged one.

It observed that no law declared that the minutes of that meeting would be kept secret.

The court fixed April 28 for the next hearing into a pro bono petition of Dr Adil Zareef, Maimoona Noor and four other civil society members seeking the court’s declaration that the NAB had failed to act about the alleged irregularities in several major projects of the provincial government.

Rejects anti-graft body’s point that document is privileged one

The petitioners claimed that the NAB was carrying out selective accountability and had put all cases against members of the ruling Pakistan Tehreek-i-Insaf on the back-burner.

They requested the court to declare that the NAB has failed to perform duties in relation to cases of the erstwhile KP Ehtesab Commission, corruption in Billion Tree Tsunami project, illegal appointments in Bank of Khyber (BOK) and Malam Jabba ski resort lease.

Advocate Ali Gohar Durrani appeared for the petitioners and additional advocate general Arshad Ahmad for the provincial government, while the NAB was represented by its deputy prosecutor general, Azeem Dad, and additional deputy prosecutor general Mohammad Ali.

The NAB’s representatives told the bench that in the Malam Jabba case, the NAB authorities had filed an application under Section 9(C) of the National Accountability Ordinance, 1999, on Sept 10, 2021, for the closure of investigation and that was accepted by the relevant accountability court on Nov 2, 2021, against former chief minister Pervez Khattak and other suspects.

When the bench asked the deputy prosecutor general who approved the closure of the Malam Jabba lease probe and the placing of the matter before the accountability court, he replied that firstly, the NAB’s executive board declared after thoroughly examining the matter that no malice or mala fide had been found on part of the accused and secondly, the provincial cabinet granted ‘ex-post facto sanction’ for the extension of the lease period from 15 to 30 years.

About the Peshawar Bus Rapid Transit investigation, the NAB officials said the high court had directed their organisation on July 17, 2018, to look into the matter.

They said an inquiry into the matter was authorised on July 20, 2018, while the relevant records were procured from the relevant quarters.

The NAB officials said after the matter was examined by the combined investigation team, an interim report was submitted to the high court, but in the meantime, the provincial government challenged the high court’s order in the Supreme Court.

They added that the Supreme Court granted interim relief to the provincial government on Aug 31, 2018, by suspending action on the high court’s order.

The officials said as the matter was pending with the apex court, further proceedings in the case weren’t possible.

About the Billion Tree Tsunami project, they said the NAB had filed a reference about certain irregularities in one of the zones of the project before an accountability court, whereas in three other cases, investigation was under progress.

The officials said they would submit a report to the court in that respect.

On the issue of the alleged illegal appointments to the Bank of Khyber, senior lawyer Mudassir Ameer informed the bench that another petition on the subject was pending with the court and was fixed for hearing on April 28.

He said any ‘finding’ in the case would have effects on the merit of other petition, so it would be appropriate to club the two cases.

The bench accepted the plea and adjourned the hearing.

Published in Dawn, April 16th, 2022