ISLAMABAD - The Supreme Court of Pakistan Wednesday raised questions regarding the appointment of Irfan Naeem Mangi Director General (DG) National Accountability Bureau (NAB) Rawalpindi.

A two-member bench of the apex court comprising Justice Mushir Alam and Justice Qazi Faez Isa conducted hearing of the bail application of Muhammad Nadeem, who used to extort money from people impersonating NAB officials, including DG NAB Irfan Mangi.

The apex court also took notice of Chairman NAB’s power to appoint people in the bureau and issued notice to Attorney General for Pakistan and summoned details of appointments of NAB DGs.

The bench asked that how the Chairman NAB could bypass the constitution and National Accountability Ordinance, 1999 to induct people in the bureau. “Section 28 of NAO is in conflict with the Article 240 of the Constitution,” the bench noted.

Justice Qazi Faez asked that how the accused Muhammad Nadeem, who is under-matric, could phone people from Bahawalpur imitating NAB officer. The accused also phoned MD Pakistan State Oil (PSO) impersonating DG NAB.

The court was informed that the accused is under matric and has one buffalo. Justice Mushir questioned that how the accused obtained cell numbers of NAB officers?

The prosecutor general NAB informed that the Bureau received 22 complaints including that of MD PSO, against the accused. He said that the accused had also phoned DG NAB Irfan Mangi. Justice Qazi Faez then inquired from Irfan Mangi, who was present in the courtroom, about his qualification and the salary. DG NAB, Rawalpindi, replied that he is an engineer and was getting Rs420,000/- as salary.

Then Justice Faez inquired from him that whether he had any prior experience of investigating criminal cases. Irfan Mangi replied ‘no’. Justice Faez remarked that how an engineer was holding such an important post in the NAB. He also questioned that how the NAB was functioning and asked that how the Chairman NAB could recruit people? “We can summon Chairman NAB as now he is not a judge,” he remarked. He questioned that on whose recommendation Mangi was inducted in NAB.

Justice Faez observed that in Martial Law the laws were grossly violated. He remarked, “We should be scared of Allah and not the dictator.” It is better to again give government to British than to have Martial Law, he said and added that the NAB was being run by the public money. “We all are public servants,” he said.

Justice Faez said every person at the helm of affairs had its own agenda. He observed that NAB intervened in every matter. 

He said that the NAB was given opportunities to correct itself but still its officials were indulging in illegal activities. He said that because of NAB officials’ incompetency people were languishing in the jails. He said that the NAB was only used to scare people. He said that still the Bureau had not framed rules and regulations under NAO 1999. The reference could be filed against NAB for not preparing the rules and regulations, the judge said.

The investigative officer (IO) informed that the accused impersonating DG NAB Irfan Mangi phoned various high officials. He told the court that the case had been registered against the accused under the NAB law. Justice Mushir inquired whether statement of any witness had been recorded in the instant matter and whether forensic audit of the phone used by the accused was conducted.

Justice Qazi inquired from IO if he had recorded the statement of Irfan Mangi as the accused also phoned him. The IO said that he was waiting for the forensic audit report. Justice Mushir said, “We all are public servant and have to follow the laws.”

The bench accepting the bail of Muhammad Nadeem deferred the case for indefinite period.