HYDERABAD: A division bench of Sindh High Court’s Hyderabad circuit has directed the National Accountability Bureau (NAB) chairman to provide details of the amount recovered so far by the bureau from the year 2000 to 2024 through plea bargain or voluntarily return. It has also sought details about utilisation of the amount and ordered that such details should be submitted on or before the next date of hearing, i.e. October 29, without fail.

The bench comprising Justice Amjad Ali Sahito and Justice Khadim Hussain Soomro also appointed a senior lawyer, Advocate Noorul Haq Qureshi, as amicus curiae to assist court on NAB’s claim for 25pc share in the amount recovered from accused in the M-6 Sukkur-Hyderabad motorway land acquisition scam.

The court passed the order on a petition filed by NAB prosecutor Niaz Hussain Mirani, who assailed the Aug 29 order issued by the Accountability Court-II, Hyderabad. NAB argued that during the course of investigation, it came on record that the accused / beneficiaries involved in embezzlement of M-6 funds meant for Matiari and Naushahro Feroze districts. The accused had embezzled Rs5.8bn. After completing investigation, a reference (No. 01/2023) was filed before the Accountability Court-II, Hyderabad.

The NAB special prosecutor filed an application stating that the amount, i.e. Rs878,118,000, was deposited by accused Ashique Hussain Akhlaque under plea bargain. He asserted that NAB was entitled to 25pc of the amount, i.e. Rs219,529,500, recovered from accused.

SHC asks for details of total recovered amount since 2000 and its utilisation; appoints amicus curiae on NAB’s claim

After hearing the prosecutor, the Accountability Court had dismissed the application on Jan 18, 2024. NAB had filed a petition (No.331/2024) in high court which on Aug 8 directed the trial court to pass a fresh order after providing an opportunity of hearing to NAB special prosecutor and the National Highway Authority (NHA). The petition was disposed of accordingly.

The trial court, after hearing the parties, dismissed NAB’s claim and ordered that the 25pc share deducted by NAB from the amount deposited by accused under plea bargain be remitted to the NHA within one month.

NAB special prosecutor told the SHC bench that as per rules / standard operating procedure (SOPs), NAB was entitled to the 25pc amount from total recovery. When court confronted special prosecutor whether a mechanism was available under NAB Ordinance, 1999 whereby NAB was entitled to get this amount, he relied upon Section 33-A of the National Accountability Ordinance (NAO) and National Accountability (Recovery and Reward), Rules, 2002.

The special prosecutor was asked about certain provision of rule, he stated that the Rule 4 was based upon approval of chief executive, who approve NAB’s proposal of retaining a portion of money recovered through NAB’s operation to sustain accountability process and make NAB self-sufficient with regard to funds.

After going through the quoted notification and section / rules, the bench noted that the question was whether NAB is entitled to 25pc from recovery and whether such mechanism is available under law or NAO 1999.

The court directed NAB chairman to provide details of amount so far recovered by NAB from 2000 to 2024 through plea bargain or voluntarily return and its utilisation.

The court also issued notices to the attorney general of Pakistan and advocate general of Sindh to assist court on legality or otherwise of the notification issued by the finance division and as to whether legally NAB could claim its share in corruption money.

The court directed parties to come prepared on the next date of hearing and said that the petition would be heard and decided at ‘katcha peshi’ stage.

Published in Dawn, October 20th, 2024