ISLAMABAD - The Islamabad High Court (IHC) Wednesday accepted Federal Minister for Planning and Development Ahsan Iqbal’s petition challenging Accountability Court’s verdict of rejecting his petition seeking acquittal in a reference and exonerated him from the corruption charges.
A division bench of IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Saman Rafat Imtiaz conducted hearing of the petition moved by Pakistan Muslim League – Nawaz (PML-N) leader.
During the hearing, Ahsan’s counsel adopted the stance before the bench that the reference was based on allegations and contrary to the facts and requested the court to declare accountability court’s verdict as null and void.
The IHC Chief Justice remarked that the case was a classic example of political engineering and the NAB damaged the project by halting it for so many years. The judge asked from the NAB prosecutor that if it was the NAB’s responsibility to keep a check on the government.
Justice Athar said that the NAB filed a reference based on a news item published in some unknown newspaper and asked that did the NAB even know what the allegations mentioned in the news item.
The court questioned that if all the 30 people working in the CDWP were involved in the corruption and if yes, then why only Ahsan Iqbal was arrested? The NAB asserted that Iqbal illegally directed the Pakistan Sports Board (PSB) and NESPAK to increase the project’s scope, enhancing the cost to Rs97.52 million.
The prosecutor then informed the court that the project was a provincial matter after the 18th Amendment and it was then transferred to the Ministry of Inter-Provincial Coordination (MIPC). The court asked that was Ahsan Iqbal heading the MIPC? To this, the NAB prosecutor said that Iqbal was the minister for planning. Then what authority did Ahsan Iqbal misuse, asked the bench.
Justice Athar remarked that you have no clue how the government works. He added that tell the court of a single corruption allegation in all this. He continued that if you talk of losses then it is you who caused them by stopping the project and by this logic, you should have filed a case against yourself.
The NAB prosecutor urged the court to grant them time to review the reference in light of the recent amendments to the NAB laws. He added that the NAB additional prosecutor general would present arguments if they were given more time.
The IHC CJ remarked that they have already given more than enough time to NAB and ordered to acquit Ahsan Iqbal in this matter.
In his appeal, the PML-N leader challenged dismissal of his acquittal plea by the accountability court in the Narowal Sports City Complex reference. He moved the court through his counsel Syed Zulfiqar Abbas Naqvi and cited Chairman National Accountability Bureau (NAB) and judge Accountability Court (AC) – III Islamabad as respondents.
The petitioner stated that he filed the being aggrieved by the order dated 23.02.2022 passed by the Accountability Court No. III Islamabad, whereby the application filed under Section 265-K, Code of Criminal Procedure Cr.P.C for his acquittal in NAB Reference related to Narowal Sports City Complex reference.
Ahsan Iqbal, in his petition, stated that Article 164 of the Constitution authorized the Federal Government to release funds for a provincial project. The Narowal Sports City Complex project was initiated with the approval of Federal Cabinet, he added. He said that the NAB reference was based on fabricated allegations and against the facts. He informed the court that in November 2020, the Chairman, National Accountability Bureau, Islamabad, filed the NAB Reference before the Accountability Court No. III, Islamabad, pursuant to which the petitioner was charged by the Accountability Court under Section 9(a) (vi)(xii) and Schedule 5 (the “Charge Sheet”) of the National Accountability Ordinance, 1999 (the “NA0,1999”).
He adopted the stance that the NAB Reference and the Charge Sheet essentially revolves around a public-welfare sports infrastructure and facilities project named “Narowal Sports City” developed in Narowal District, Punjab.
Ahsan contended that in the light of the fact that no incriminating evidence was available which is a sine-qua non requirement of establishing the charge under Section 9 (a)(vi)(xii) of the NA0,1999 and there being no allegations pertaining to personal benefit or financial gains attributed to the petitioner, an application under Section. 265-K of the Cr.P.C, for acquittal of the petitioner was filed before the Accountability Court, No. III, Islamabad. However, the court rejected the said application without consideration of the admitted facts on record and the law.
He added that the NAB Reference and the Charge Sheet read with the material placed on record by the prosecution do not even complete the ingredients of an offence in fact and law. Hence, the Petitioner is entitled to acquittal.
The petitioner further said that the NAB Reference and the charge sheet attempt to criminalize actions and decisions which were duly sanctioned by and taken pursuant to the relevant Constitutional provisions. He added that Article 164 of the Constitution expressly empowers the Federal Government to spend funds on a provincial project, and the said practice is a norm in the governance system of Pakistan.
He argued that the NAB Reference and the Charge Sheet attempt to criminalize actions and decisions which were duly sanctioned by and taken pursuant to Rules of Business of the Federal Government. He added that the functions of the Planning Commission as stated in the Schedule-ll of Rules of Business, Manual for Ministry of Planning, Development Reforms empowers the Ministry to monitor and evaluate the implementation of major development projects and programme, stimulate preparation of sound projects in regions and sectors lacking an adequate portfolio.
Ahsan continued that the Project at all times and stages received approvals from all competent forums including CDWP, NEC, the Federal Cabinet and the National Assembly of Pakistan, as part of the PSDP/development budget, and neither the Petitioner was empowered not at any time or stage he individually or singly approved the Project while the NAB Reference and the Charge Sheet admits all the approvals and fails to produce any material to allege let alone prove that the Petitioner singly or individually approved the Project.