Special courts role vital to curb corruption, rules SC

ISALAMABAD - The Supreme Court yesterday ruled that special and appellate courts would have to play role in order to uproot corruption from the country.

The judgment authored in Urdu by Justice Dost Muhammad said the corruption has penetrated in every institution and sector. The rulers would have to give up their luxurious lifestyle and need to focus on addressing the issues poor, oppressed and people affected by hunger, adding if that does not happen then people would be compelled to commit suicide, which in no way good for the State.

A three-member bench, comprising Justice Mushir Alam, Justice Dost Muhammad and Justice Tariq Masood, after hearing the arguments on bail application on June 17, 2016 had reserved the judgment.

Imran Mohsin, an accused, had filed the appeal against the Islamabad High Court verdict. He was arrested by NAB authorities in embezzlement of millions of rupees in purchase of urea fertilizer from the national institute of fertilizer. He had approached IHC for bail, which was turned down. Later, he had filed an appeal in the apex court.

The judgment said to curb menace of corruption it is must to impart special skills and training to the investigation officers of all the anti-corruption bodies, particularly National Accountability Bureau.

The court said that the corruption cases are chased surreptitiously and ingeniously by the accused. As different means are adopted to get decision in favour, therefore, it has become very difficult, sometimes impossible, for an ordinary IO, to probe such cases.

“We have gone through many cases and noticed that due to lawyers and the prosecutors’ inefficiency and lack of knowledge of financial laws, the special and the appellate courts acquit the accused in corruption cases.”

The court noted that according to the provisions of National Accountability Ordinance it is the responsibility of an accused to prove his innocence. It said in view of the particular circumstances in the country the trial and the appellate courts need to play their role effectively and render judgment after carefully examining the laws so the society, institutions and the country get rid of this menace.

The judgment observed that corruption is spreading in the society and if is not controlled then it would hollow the economic, financial and social foundations of institutions. The court said Pakistan is not given to us as gift, but it was acquired after millions of sacrifices. It also said though the law and justice could not be neglected altogether, but in view of a particular situation in the country the august court and the special courts have to play their role to curb corruption. Therefore, they have to thoroughly and minutely examine such cases.

The judgment said honest officers should be appointed in all the institutions established to curb the corruption. It is also necessary to give them special training and skills. It is the responsibility of the heads of these institutions to monitor the performance of the investigative officers and the prosecutors in handling such cases. The court stated that in corruption case as millions of rupees fraud is committed, therefore, the accused in order to escape punishment give some portion of the embezzled money to the IO and prosecutors to get judgment in his favour.

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