Humayun Khan
PESHAWAR: Justice Rooh-ul-Amin remarked that court has directed resolving dispute among two departments at Malam Jabba but National Accountability Bureau (NAB) has closed the inquiry while Justice Ishtiaq Ibrahim remarked that NAB changes his attitude in accordance with personality, on Thursday.
During hearing Deputy Prosecutor General NAB Azeem Dad, Additional Deputy Prosecutor General Muhammad Ali, Additional Advocate General Arshad Ali and counsel for petitioner Ali Gohar Advocate appeared before Peshawar High Court.
The divisional of PHC has inquired from NAB’s prosecutors regarding producing Executive Board Meeting minutes that shall clarify why would inquiry was closed in Malam Jabba scam despite court’s direction to resolve issue among two departments.
However, the NAB’s prosecutors produced minutes of Executive Board Meeting and argued that inquiry was closed by executive board after appearance of new evidence and record which does not placing liability of corruption and nepotism against former Chief Minister Pervaiz Khattak, therefore inquiry was closed down.
The counsel for petitioner Ali Gohar Advocate argued that NAB has used court judgment for closing the inquiry against former chief minister Pervaiz Khattak while the court’s order directing to resolve the issue among government departments, however NAB’s prosecutor Muhammad Ali argued that NAB has jurisdiction to close down cases after inquiry and the Malam Jabba scam is not only example in this regard.
Although, Justice Rooh-ul-Amin remarked that if complainant has requested for closing the case and accountability court has approved it then what shall be jurisdiction of this court to interfere in the matter and added that neither accused nor complainant has challenged it.
Moreover, Additional Prosecutor General informed that recommendation regarding Bank of Khyber inquiry has forwarded to head office for further actions and Billion Tree Afforestation Tsunami is in reference stage while in Bus Rapid Transit shall be uphold after Supreme Court of Pakistan decision.
The divisional bench comprising of Justice Rooh-ul-Amin and Justice Ishtiaq Ibrahim has declared that the case is not liable for further precedence because Executive Board has closed Malam Jabba scam inquiry and competent forum had approved it while neither accused nor complainant has challenged it and dispose-off the instant writ petition.
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