ISLAMABAD - The Islamabad High Court (IHC) on Monday directed the National Accountability Bureau (NAB) to complete inquiry of assets against former president Pervez Musharraf within a month.
A division bench of the IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Sardar Ejaz Ishaq Khan issued the directions while hearing a contempt of court petition against the Chairman NAB for not acting against Musharraf for his alleged corruption during his tenure as the head of country.
In this matter, Inamur Rahim Advocate filed the petition seeking contempt of court proceedings against Chairman NAB for not initiating an inquiry into the allegations that Musharraf in his nomination papers had declared assets beyond his known sources of income.
The NAB prosecutor submitted his written reply and para-wise comments. He said that Chairman NAB has the highest respect for this court and would not, in any way, wilfully disobey any orders passed by it or even contemplate any disregard whatsoever, with respect to the same. He added that the NAB Chairman never committed any contempt or disobeyed the orders of this court, as in accordance with the orders of this bench vide judgment dated 08-02-2018, an inquiry against Musharraf was authorised on 15-03-2018 and the petitioner was also associated with the inquiry, hence the petition merits dismissal.
The prosecutor contended that the afore-captioned contempt petition instituted under Article 204 of the Constitution of 1973 and the provisions of Sections 3 and 4 of Contempt of Court Ordinance, 2003 is not maintainable in its present form and the content of the aforesaid petition does not reveal any constitutional contempt which may attracted the provisions of Article 204 of the Constitution of Pakistan, 1973.
It maintained that it is pertinent to mention that inquiry on complaint directly submitted in the Headquarter of the Bureau was authorised by the answering Respondent on 15.03.2018 in compliance of the judgment dated 08-02-2018 and as per the SOP vide Chapter-2 dealing with complaints, the same was forwarded to the concerned Regional DG, NAB on the basis of territorial jurisdiction through the Complaint Cell of NAB, Headquarter and thus the matter was entrusted to the respective Region.
It continued that during inquiry from assets performa submitted in ECP, two foreign properties and 2 foreign accounts were indicated for which MLA request has been initiated and response of which is still awaited. The NAB stated that an advocate namely Syed Muhammad Iqbal Hashmi submitted on his behalf that Pervez Musharraf is suffering from life-threatening “Cardiac Amyloidosis” (Congestive Heart Failure), Chronic Kidney Disease (High Creatinine & Renal System), Excessive Somnolence (Hyper-Somnia) and Spinal Injury & Fracture.
It further submitted that NAB is conducting inquiry process strictly in accordance with the law and same will be finalised as per mandate of law. Therefore, it prayed that in view of the facts and circumstance adumbrated in the instant response, the afore-captioned contempt petition may kindly be dismissed with costs.
IHC Chief Justice said that every public office holder, including the anti-graft watchdog, is answerable to the public. He also remarked that the NAB has a responsibility to dispel the impression that only elected representatives are held accountable and as a public office holder, Musharraf’s case was a test case for the bureau.
In response to a court’s query, the NAB prosecutor, Jahanzeb Bharwana, said that report would be submitted within a month and the bureau is looking into a total of 29 properties belonging to Musharraf.
Later, the IHC bench deferred the hearing of the case and directed the NAB to complete its assets inquiry against the former president of Pakistan Pervez Musharraf within 30 days.