Daily Times

ISLAMABAD: The Supreme Court (SC) on Thursday came hard on the National Accountability Bureau (NAB) after it said a plea bargain settlement was made with former Balochistan finance secretary Mushtaq Raisani, then Baluchistan Finance Secretary in a multi-million scam, contrary to NAB laws.

“I am observing that your (NAB’s) conduct is contrary to your own law (National Accountability Ordinance 1999),” furiously observed Justice Qazi Faez Esa, member of a three-member bench, while hearing post-arrest bail plea of Khalid Lango, ex-finance advisor, the alleged co-accused in scam.

The bench is hearing Lango’s bail plea. Two days ago it summoned the complete record of a mega corruption case in Balochistan. Last year, NAB had seized a hefty amount from Raisani’s house.

After looking at the record, the court noted that the provisions of law were apparently violated while making the plea bargain.

The court was of the view that the plea bargain could not be made when an asset, coming out of corruption, is seized.

NAB Chairman Qamar Zaman Chaudhry, Prosecutor General Waqas Qadeer Dar and Langoh’s lawyer Farooq H Naek appeared before the bench headed by Justice Dost Muhammad Khan.

Justice Esa said the word ‘seize’ is not mentioned in the section of plea bargain. He said the approval or recommendation of the NAB chairman in plea bargain was excluded from the documents.

“It is not a plea bargain but only a ‘bargain’ because it is the matter of seizure,” observed Justice Esa, adding that it is not the prosecutor general but the NAB chairman who is responsible.

“What message are you (chairman) giving to the public? This may be the case to proceed against you and we should issue notice to attorney general for Pakistan,” Justice Esa told Chaudhry.

“You are not filing reference, is this honesty?” asked Justice Esa.

The NAB chairman requested that the prosecutor general would apprise the court but Justice Esa snubbed him and said that chairman would have to answer the queries.

Chaudhry told the court that Raisani has already surrendered 2 properties, Mercedes and Toyota cars, adding that Rs 65 million and 3.5kg gold bricks were also seized from the accused.

“We were of the view that a plea bargain with Raisani would pave the way for substantial case against the co-accused, Lango,” said Chaudhry.

Justice Esa, however, observed that money was seized after a Raisani’s house was raided and now he is being given a concession.

He said that NAB was misusing its authority, adding that the looted money was taxpayers’ money.

The court ordered the NAB chairman to submit the document of recommendation, wherein he approved the plea bargain, and video clippings of the raid.

The court said it wanted to see how much amount was seized and how much amount was brought on record. The court adjourned the case until February 9.

On Wednesday, Justice Qazi Faez Isa had asked the NAB prosecutor to submit the application of plea bargain.

NAB Prosecutor General Waqas Dar had replied that the copy of recommendations and application has been submitted in the court of NAB.

Farooq H Naek had informed the court that high court fixed Lango’s bail application, adding that the court should seek the record. The NAB prosecutor general informed the court that Raisani plundered the three-year budget of local government. He added that only Rs five million have been utilised in three year’s budget and rest of money has been plundered. The court observed NAB was losing the trust of the people with every passing second.

Whether NAB chief wants to receive a contempt of court notice, Justice Esa asked, adding that the court would not face any difficulty issuing the contempt notice.

On court’s query, the NAB prosecutor general had said that another accused Saleem Shah also has been released through plea bargain. The court had directed NAB to bring the record of Saleem Shah’s case as well.