ISLAMABAD- Every institution in the country is immersed in corruption and no one including subordinate judiciary is a sacred cow, remarked Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry.
A two-member bench headed by CJP Iftikhar Muhammad Chaudhry was hearing the case of written off loans from 1961 to 2009 here Monday.
The CJP observed that ‘Muk-Muka’ culture was flourishing in the country and premier institutions of the country were not immune of corruption. He remarked that court had its own limits. Government had not implemented recommendations made in several cases. He observed that nine months had been elapsed but no noticeable action had been taken despite commission's recommendations.
The CJP said NAB had not initiated any considerable action against the accused. Dang Tapao policy would not be allowed to run and no one would be permitted to plunder public wealth," he further remarked. Justice Jawwad S Khawaja remarked that government was not sincere in bringing back the hard earned money of the people which had been plundered and it was not even taking interest therein. Nine months were enough for the birth of a baby but the government did nothing to recover loans during this period.
The court sought detailed reply from interior secretary on commission's report, besides summoning Attorney General (AG) Munir A Malik on Wednesday for its assistance.
Khawaja Haris said with reference to commission’s report that as many as 281 billion rupees were got written off. The commission had issued orders for further investigation into 225 cases. Over 50,000 people got their loans written off. He said investigation had yet to be conducted in 232 cases. In several cases it had been said that names of defaulters be placed on ECL. He said 84 billion rupees had been recovered and investigation was underway in respect of Rs 9.5 billion. Not a single penny had been returned in 339 cases. Ehtesab ordinance needed to be amended.
The CJP remarked, "In several cases the recovery of the amount is possible. I have seen no such case where the return of the loan money seems impossible. We can face difficulty in such cases where the company has lost its existence.” Khawaja Haris told the court that all the recoveries could be made if NAB would desire so.
Justice Khawaja remarked, "Court is after this case. People have escaped after obtaining loan and no one has bothered to bring them back.”
The CJP observed, "As per Justice Khawaja culture of ‘Muk Muka’ is not going to end. Where the corruption is not made.”
“Corruption is committed at high level. Corruption is committed in subordinate courts. No one is a sacred cow. No institution is immune of it. Corruption is present from top to bottom.”
Justice Khawaja Jawad remarked, "Laws have been enacted but no one implements them.”
Kh Haris said the amount could be brought back through plea bargain but no progress was made.
The CJP remarked that NAB's posts remained vacant for several years. Even deputy attorney general did not know what was being done in this case. Dang Tapao policy will not be allowed to run.
Justice Jawwad S Khawaja remarked, "Nine months have been elapsed and no one is ready to assist us.” Khawaja Haris is appearing as amicus curiae in the court.
The CJP remarked, "Either governor State Bank is summoned or finance secretary, this is the job of government. If we have to do it, then tell us what the government is doing.”
The court inquired from deputy attorney general if he would be able to obtain the directives.
Upon which Ali said at least seven were required for the purpose.
The hearing of the case was adjourned till Wednesday.