SC snubs NAB officials for non-compliance

ISLAMABAD - The Supreme Court Friday admonished the officials of National Accountability Bureau (NAB) for not complying with its repeated orders and directed the Prosecutor General to submit a report, pinpointing those officials who failed to implement its order in letter and spirit.

The court directed the Prosecutor General NAB to submit a comprehensive report pertaining to the pending inquiries, investigation and references filed against the NAB officials involved in misconduct.
A two-member bench of the apex court comprising Justice Jawad S Khwaja and Justice Iqbal Hameed ur Rehman heard various applications against the NAB officials.
In pursuance of the court last order, Prosecutor General National Accountability Bureau (NAB) Waqas Qadeer Dar appeared before the court and submitted that the accused Asghar Awan was not in the judicial custody of NAB but his custody is with the court.

He further submitted that he had confirmed on telephone that the accused was not in the judicial custody of NAB.
Justice Jawad S Khwaja, however, asked as to why the accused were kept in illegal confinement when they were not in judicial remand.
The court directed the Prosecutor General NAB to personally probe the instant case and submit report.

Deputy Attorney General Sajid Ilyas Bhatti while appearing before the court submitted that the judge may release or discharge the accused with or without surety.
"In the absence of judicial and physical remand, the detention is illegal," Justice Jawad S Khwaja remarked, adding the NAB does not give importance to the liberty of a citizen.
He said the court will not allow anyone to violate the constitution and will ensure liberty of the citizens, guaranteed by the constitution.
Justice Jawwad S Khwaja repeatedly referred to Article 10 (4) which states, "No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan".

He observed that when the state itself violates the constitution and denies the liberty of a citizen then how one can expect the citizen to obey the law and constitution.

He further observed that they are quite aware about the Thana Culture in NAB and directed Deputy Prosecutor General Azam Khan to submit a report on it on the next date of hearing.
On last hearing, the court had granted interim bail to two persons Asghar Awan and Manzoor Ahmad.
  Counsel for Asghar Awan had told the court that an inquiry was initiated against his client, which progressed to investigation but no reference was filed.

He said that the Accountability Court passed an order that the senior officer of NAB confirmed to it that there was no likelihood of reference, therefore, no need to further extend the judicial remand.

He had further informed the court that even though there is no court order to remand the man in judicial or NAB custody but his client is still behind the bar.
On Friday, the court took strong exception of the deliberate non-compliance of NAB.
Justice Jawad S Khwaja said that they had repeatedly issued notices to NAB but their notices were thrown in dustbin.
The court directed the Prosecutor General NAB to find out those officials who had thrown their orders in the dustbin and submit a detailed report by Monday.

The Prosecutor General sought some time for submitting the report however, the court rejected his plea and directed to submit report by Monday and adjourned the hearing.

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