PESHAWAR: The Peshawar High Court on Thursday disposed of a petition, which accused the National Accountability Bureau of carrying out selective accountability and sought the court’s declaration about the anti-graft watchdog’s failure to act on ‘irregularities’ in several major projects of the provincial government.

A bench consisting of Justice Roohul Amin Khan and Justice Ishtiaq Ibrahim issued the order after the NAB’s representatives produced the minutes of its executive board’s meeting, which had decided to close a probe into the alleged irregularities in the 2014 leasing of government land in Malam Jabba, Swat, as well as details of the Peshawar Bus Rapid Transit (BRT) and Billion Tree Tsunami afforestation projects and appointments to the Bank of Khyber.

It observed that the NAB’s executive board had taken decision to close the inquiry into ‘illegalities’ in the Malam Jabba land lease and the relevant accountability court had approved it in Nov 2021.

The court observed that NAB was complainant in that case and when it had decided to withdraw from prosecution and the accountability court had approved that decision, the high court couldn’t hold further proceedings on the issue.

Declares it can’t hear case due to closure of Malam Jabba probe, SC’s stay order against BRT inquiry

It added that the decision of the NAB executive board and its approval by the accountability court weren’t challenged in the high court.

The ‘pro bono’ petition was filed by Dr Adil Zareef, Maimoona Noor and four other civil society members, who insisted that the NAB was carrying out selective accountability as it had put all cases against members of the ruling Pakistan Tehreek-i-Insaf in the province on the back-burner.

They had 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 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 produced minutes of the executive board’s meeting and said as during probe neither corruption nor favouritism was traced while leasing out land at Malam Jabba, therefore, the board had decided to close the inquiry.

Justice Roohul Amin observed that the bureau had made an earlier order of the high court as basis for its decision, whereas in the said order the court had nowhere asked it close the case.

The bench observed that the court had only asked the government to settle the dispute over ownership of the disputed land of Malam Jabba between the forest and tourism departments and had not asked to stop the probe.

The NAB representatives said there were several other facts before the executive board on the basis of which the said prove was stopped.

Ali Gohar Durrani said the NAB referred to the court’s that order at different places for the closure of the Malam Jabba lease inquiry.

About the Peshawar BRT investigation, the NAB officials said the high court had directed their organisation on July 17, 2018, to look into the matter. They added that an inquiry into the matter was authorised on July 20, 2018, while 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 through a stay 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.

Published in Dawn, April 29th, 2022