ISLAMABAD: National Accountability Bureau has been authorised by theIslamabad High Court to probe the illegal wealth and assets of the formerPresident and Army Chief Pervaiz Musharaf.
A division bench of the Islamabad High Court has declared that NationalAccountability Bureau has the jurisdiction to investigate General (retd)Pervez Musharraf for his assets beyond known sources of income, corruptionand corrupt practices.
The IHC division bench comprising Justice Athar Minallah and JusticeMiangul Hassan Aurangzeb declared a NAB letter dated April 25, 2013 asillegal that the anti-graft body had written to complainant Inamul Rahiemadvocate informing him that the Bureau cannot initiate investigationproceedings against Musharraf for want of jurisdiction. Rahiem had filed acomplaint before NAB seeking investigation into Musharraf’s assets insideand outside the country as these were beyond his known sources of income.After NAB returned his application, he filed a petition before the IHC.
The IHC division bench decided this petition and issued an order declaring:”The Bureau is vested with the power and jurisdiction to consider thecomplaint of the petitioner and after such consideration, it is of theopinion that an offence under the Ordinance of 1999 is prima facie madeout, then it will become a duty of the NAB to proceed to inquire,investigate and take all other steps mandated under the Ordinance of 1999.Across the board accountability is an onerous statutory obligation of theBureau under the mandate of the Ordinance of 1999. Public trust andconfidence is the hallmark of effective and result oriented accountability.It is the duty of the Bureau to consider every information or complaintlaid before it by a citizen and then to fulfill its statuary obligations byproceeding under the Ordinance of 1999 in a fair and transparent mannerwithout fear or favour.”
The petitioner’s counsel, Laiq Khan Swati, had contended that Musharraf,besides having served in the Pakistan Army, had also held the public officeof the President of Pakistan and, therefore, he was not immune from beingaccountable under the National Accountability Ordinance. A legal counselappeared before the court on behalf of Musharraf and requested the courtthat he may be given audience. The court informed him that neither couldhis power of attorney “be entertained nor could he be heard becauseMusharraf has been declared a proclaimed offender by the competent courtsof Pakistan”.
The IHC bench noted that Musharraf had served as the tenth President ofPakistan. He resigned as the Chief of Army Staff in November, 2007 butcontinued to hold the constitutional post of the President. “A shortquestion is involved for our consideration in the instant petition thatwhether the NAB has correctly interpreted the provisions of NationalAccountability Ordinance by concluding that it has no jurisdiction toinquire into or to investigate the alleged offences of corruption orcorrupt practices against General Musharraf,” it said.
The bench said Musharraf is amenable to be proceeded under the Ordinance of1999 and thus investigated, tried or convicted because of twoeventualities; firstly, for having held the Constitutional post of thePresident of Pakistan and secondly, clause (vi) of section 5(m) of theOrdinance of 1999 is attracted because he had resigned and stands retiredfrom the Armed Forces of Pakistan. The bench further said: “We aresatisfied that the Bureau has indeed erred in misinterpreting theprovisions of the Ordinance of 1999 by refusing to consider and entertainthe complaint, which had been filed by the petitioner.”