National Accountability Bureau (NAB) Prosecutor-General (PG) KK Agha on Monday adopted a defiant posture against the Supreme Court, as three benches of the court took up NAB-related cases for hearing.
Agha told the Supreme Court bench that the court’s monitoring and supervision of certain cases being investigated by NAB were “in violation of NAB ordinance”.
“The monitoring and supervision of NAB cases is absolutely contrary to the law and it can compromise rights of an individual under Article 10-A of the constitution,” Agha told a two‑member bench of Justice Anwar Zaheer Jamali and Justice Ejaz Afzal Khan during the hearing of progress on NRO-related cases against the appointments of Adnan A Khawaja and Ahmed Riaz Sheikh.
Agha said in both cases, NAB was proceeding under the law and the whole evidences had been laid before the trial court. “Why has the apex court been pushing the NAB towards a certain direction?” argued the NAB PG.
He said the findings of the trial court would ultimately come up before the Supreme Court and by supervising such cases, the court would take away right of appeal of an accused.
Justice Ejaz Afzal Khan observed that NAB was sitting upon a verdict delivered by the court and announcing an opinion by the authorities would mean acquittal of the accused.
He said they were constrained to ask such queries as discrimination and anomaly was discerned after a person was nabbed while the others were let off the hook.
Agha said the NAB chairman had full authority to give a go ahead in a pending inquiry or otherwise by virtue of relevant provisions of National Accountability Ordinance (NAO). He said that the chairman was a nominee of parliament and a known man of high stature as laid down in the NAO.
“The NAB chairman has been given the discretion under Section 18 (g) of the NAO to proceed in alleged graft case or not and it could not be a subject of judicial review”.
He maintained that the chairman could not even withdraw a case without seeking a legal opinion as envisaged under Section 9 (c).
To the bench’s query, Agha said an aggrieved party could approach a high court which was a proper forum.
He said there were differences among the functions of the executive and judiciary. Justice Jamali observed that they were passing through an extraordinary situation and could not ignore injustices.
Justice Ejaz Afzal told the NAB PG that they were not sitting there with pre‑conceived notions and wanted to thrash out certain aspects of the case.
Accepting Agha’s request to address in detail the issues of court jurisdiction and NAB chairman’s powers, the bench adjourned further hearing until next week.
Dr Abdul Basit, counsel for Adnan and Ahmed Riaz Sheikh, both NRO beneficiaries, contended that his clients’ name should be removed from the title of the case.
He said Adnan A Khawaja had returned his salaries, property and even ornaments, besides serving jail under the supervision and monitoring of the apex court. He said NAB had also drawn inference that no case was made against them for filing of references.
SC asks NAB chief to submit reply in contempt case:
Meanwhile, the Supreme Court directed NAB chairman Admiral (r) Fasih Bokhari to resubmit his reply to the SC Registrar Office after removal of objections.
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry heard the contempt of court case registered against the NAB chief pertaining to the letter written to President Asif Ali Zardari.
During the hearing, the bench asked NAB PG KK Agha to explain why the NAB chairman had not submitted his reply. Agha responded that Bokhari had submitted his reply but the SC Registrar Office had raised objections.
The court then declared that no one was above the law and ordered the NAB chairman to resubmit his reply after removing the reservations, adjourning the hearing until Tuesday.
Tauqeer Sadiq:
Also, the Supreme Court was informed that NAB had prepared the extradition documents for the arrest and deportation of Tauqeer Sadiq, the former chief of Oil and Gas Regulatory Authority (OGRA), and these documents would be handed over to the UAE government.
A two-judge bench headed by Justice Jawwad S Khwaja heard the OGRA implementation case and the arrest of its former chief who is involved in Rs 82 billion scam.
Justice Khwaja inquired whether the arrest warrants of Tauqeer Sadiq were sent to the UAE officials or not? NAB PG Agha informed the court that he was not sure and had to check for it, however, NAB had already issued the warrants.
He added that Sadiq would remain in detention in the UAE until February 27.
Justice Khwaja asked why the UAE government was hesitating in deporting Sadiq.
Khwaja Haris, amicus curiae of the case, informed the bench that the government should convey all the information regarding Sadiq to the UAE officials and should also take up this case at the official level.
He added that the government should also hire services of some legal adviser in the UAE.
Upon which, Agha said they were already considering hiring the services of a local legal adviser there in order to assist them.
