NAB’s jurisdiction challenged in Sindh High Court

Author: By Yousaf Katpar

KARACHI: The Sindh High Court questioned the maintainability of two identical petitions challenging the jurisdiction of the National Accountability Bureau (NAB) on Monday to investigate the corruption cases involving an amount less than Rs100 million.

A division bench headed by Naimatullah Phulptoto issued notices to the chairman and director general of the NAB to file their respective replies to the petitions by December 07.

The constitutional petitions were filed by the AIG Logistic of the Sindh police, Tanveer Ahmed Tahir and Karachi Metropolitan Corporations (KMC)’s medical services director, Dr Asghar Abbas Shaikh.

Tanveer is facing a NAB reference for his alleged involvement in the embezzlement of Rs 50 million from government funds, whereas Dr Asghar is facing corruption charges for allegedly misappropriating Rs 26 million.

In the petitions, they contended that the Supreme Court had held that the NAB had jurisdiction to investigate the corruption cases involving an amount more than Rs 100. However, they said, NAB was investigating the cases involving a small amount.

The superior court had observed that NAB had usurped the jurisdiction of the Federal Investigation Agency and anti-corruption establishment, thus damaging the objective of the NAB Ordinance 1999, they added.

They argued that the NAB had no jurisdiction to investigate the cases against them as it involved an amount less than the set limit and requested the court to order the transfer of the cases pending against them to anti-corruption establishment, Sindh.

They further pleaded to the court to stay the proceedings pending against them till the disposal of the petitions.

Tanveer Ahmed Tahir, and former AIG Finance Syed Fida Hussain Shah had been accused of embezzling Rs 50 million of funds released for paying off fuel charges and making special security arrangements for Muharram.

In its reply filed in the high court, the NAB had submitted that Syed Fida had sought approval from the Inspector General of Police to incur the fuel and other expenses. Subsequently, Tanveer Ahmed sent five bills, Rs 10 million each, to the Accountant General Sindh for the release of the amount in the names of M/s Standard Services Station and M/s Quick Fillin Station, Race Course Road Sukkur.

Rs 30 million was withdrawn in the name of M/s Standard Services Station, whereas Rs 20 million in the name of M/s Quick Fillin Station.

The NAB inquiry revealed that the fuel stations in question had neither issued any bills for payment of the amount nor they had received any such payment.

Whereas, Dr Asghar Abbas Shaikh had been alleged to have caused a loss of Rs 26 million by unlawfully leasing out 23 plots carved out of a plot located in North Nazimabad’s Moosa Goth.

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