ISLAMABAD: The Supreme Court Wednesday raised questions regarding the appointment of the Director General (DG) National Accountability Bureau (NAB), Rawalpindi, Irfan Naeem Mangi.
A two-judge bench comprising Justice Mushir Alam and Justice Qazi Faez Isa heard the bail application of Muhammad Nadeem, who used to take money from various people impersonating NAB officials, including the DG NAB, Irfan Mangi.
The court also took notice of the chairman NAB's power to appoint people in the bureau. The court issued notice to the attorney general for Pakistan and summoned details of appointments of the NAB DGs.
The bench questioned how the chairman NAB bypassed the Constitution and the National Accountability Ordinance, 1999, to induct people in the bureau.
"Section 28 of the NAO is in conflict with the Article 240 of the Constitution," the bench noted.
Justice Qazi Faez asked how the accused Muhammad Nadeem, who was under-matric, could phone people from Bahawalpur imitating NAB officer.
The accused also phoned MD Pakistan State Oil (PSO) impersonating DG NAB.
The court was informed that the accused was under matric and had one buffalo.
Justice Mushir questioned how the accused obtained cell numbers of the NAB officers?
The prosecutor general NAB informed that the bureau received 22 complaints including of the MD PSO against the accused.
He said the accused had also phoned DG NAB Irfan Mangi.
Justice Qazi Faez then inquired from Irfan Mangi, who was present in the courtroom, about his qualification and the salary.
The DG NAB, Rawalpindi replied that he was an engineer and was getting Rs420,000/- as salary.
Justice Qazi Faez then inquired from him whether he had any experience of investigating criminal cases.
Irfan Mangi replied, "No".
Justice Qazi Faez then remarked how an engineer was holding an important post in the NAB.
He then questioned how the NAB was functioning, and said how the chairman NAB could recruit people? "We can summon the chairman NAB as now he is not a judge."
He questioned on whose recommendation Mangi was inducted in the NAB.
Justice Faez observed that in Martial Law the laws were grossly violated. "We should be scared of Allah and not the dictator."
It is better to again give government to the Britishers than to have a Martial Law, he said, and added the NAB is being run by public money.
"We all are public servants," he added.
Justice Faez said every person at the helm of affairs had his/her own agenda.
He observed that the NAB intervened in every matter.
"We are not having a media trial of the NAB as the journalists today (August 5) are covering Kashmir walk."
He said the NAB was given opportunities to correct itself, but still its officials were indulging in illegal activities.
He said because of the NAB officials' incompetence people were languishing in jails.
The NAB is used to scare people.
Still the bureau had not framed rules and regulations under the NAO, 1999.
A reference could be filed against the NAB for not preparing the rules and regulations. The investigative officer (IO) informed that the accused impersonating DG NAB Irfan Mangi phoned various high-ranking officials.
He told that a case had been registered against the accused under the NAB law.
Justice Mushir inquired whether statement of any witnesses had been recorded in the instant matter, and whether forensic audit of the accused phone conducted.
Justice Qazi inquired from the IO had he recorded the statement of Irfan Mangi as the accused also phoned him.
The IO said he was waiting for the forensic audit report.
Justice Mushir said: "We all are public servants and have to follow the laws." The bench accepting the bail of Muhammad Nadeem, adjourned the case for an indefinite period.
Copyright Business Recorder, 2020
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