ISLAMABAD - National Accountability Bureau (NAB) yesterday was caught in embarrassing situation as court granted bail to its investigation officer Kamran Ali Janwari who is accused of corruption as he allegedly received two air conditioners from an accused against whom he was conducting investigation.

NAB issued a statement on Tuesday last and claimed that in line with its policy of zero tolerance for corruption within NAB, Kamran Janwari, an officer of Investigation Wing III, NAB Karachi, has been caught red handed by NAB Karachi itself. He is being proceeded under the provisions of NAO 1999. A graft case has been registered against him and has been put behind bars.

According to the Anti Corruption Court Judgment, the application for remand of accused Kamran Ali Janwari under section 24(d) of NAB ordinance, 1999(NAO) was filed by the senior Investigation Officer Asghar Khan of  NAB in the court of administrative Judge, Accountability Courts, Sindh, Karachi seeking 15 days NAB custody and remand of accused. The accused was produced in NAB custody and did not complain any maltreatment at the hands of NAB.

The documents say that DPGA submits that accused Kamran Ali is Investigation Officer NAB and he was authorised investigation in the matter of embezzlement of Funds of TMA Chachro by Assistant Commissioner Mehboob Ali Zardari and others. The accused Kamran Ali got two air conditioners as illegal gratification from the AC Zardari in the said investigation of embezzlement of funds of TMA Chachro. The accused was arrested on 17-05-2016 in pursuance of warrants of arrest issued by the Director General NAB Karachi on the allegations of corruption and corrupt practices under the Section 9(a) of NAO and schedule thereto that 15 days NAB custody remand of accused is required in order to collect further evidence. He placed on record warrant of arrest issued by DG NAB, grounds of arrest, order of authorisation of inquiry, medical certificate along with personal search memo and Roznamcha entry of PS NAB.   

The court order further say the NAB is premier anti corruption body of Pakistan. It was established in order to handle mega corruption cases. The pecuniary limit of NAB is not less then Rs100 million on the contrary FIA and ACE has no pecuniary limits. They can investigate all corruption cases irrespective of the amount involved. The Chairman NAB after approval of the than Chief Executive of Pakistan vide SRO No. 780/(1)/2002dated 26, 10, 2002 has determined the Terms and condition of service of employee of the NAB. The said TCS nowhere authorises NAB to prosecute its own employees.  It would not be out of place to mention here that no rules have been framed by Chairman NAB as required under section 34 of NAO. Had terms and condition of service of employees of the NAB been amended suitably or rules have been framed allowing persecution of employees of NAB by the NAB the situation would have been changed.

Furthermore no material has been placed before the court on the basis of which warrants of arrest were issued by DGNAB against accused Kamran Ali Janwari.

It is clear mentioned in the judgment: “I do not find any reasonable ground to grant remand of accused Kamran Ali Janwari as prayed. In the circumstances remand application is dismissed and accused produced in custody in court is discharged, however, NAB is at liberty to file complaint against accused before FIA who shall proceed with the same strictly in accordance with law.”

When The Nation contacted Asim Ali Nawazish, spokesman NAB, he said that NAB will launch the departmental inquiry against accused Kamran instead to ask FIA in this regard. He said under the department policy, the Bureau reserves the right to take action against its own officer who find guilty in corrupt practices.

Talking to The Nation, a senior officer said that NAB should have ordered a departmental inquiry before presenting its own officer before the court. He said that it was really embarrassing situation for the national anti-corruption watch dog.