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NAB fumbles with reference against Faisal

Staff Report

ISLAMABAD: In what sources call a classic display of confusion over how to handle high profile cases, the National Accountability Bureau on Monday sought to withdraw a case for wilful default on a bank loan against Faisal Saleh Hayat, minister for Kashmir Affairs and Northern Areas, but subsequently sent out a statement through state-run news agency APP that it had in fact not sought to withdraw the case.

The news agency promptly complied and sought to withdraw its report that detailed the proceedings of the case.

Abdul Baseer Qureshi, deputy prosecutor general (NAB), had applied to the Supreme Court to withdraw the case and a three-member bench is likely to dispose of an appeal by Mr Hayat’s wife, against the NAB reference.

A bench of Chief Justice Nazim Hussain Siddiqi and Justices Javed Iqbal and Abdul Hameed Dogar heard the appeal on Monday. NAB was prosecuting the minister for wilfully defaulting on a Rs 691 million loan drawn in the name of Shah Jewna Textile Mills.

Mr Hayat’s counsel Abdul Hafeez Pirzada argued the case for two hours. He contended that his client had got his loan worth Rs 406 million rescheduled and that this rescheduling was approved by the conciliation committee formed by the governor of the State Bank of Pakistan in June 2004.

It was after a break in court proceedings that NAB’s deputy prosecutor general told the bench NAB wanted to withdraw the case. The chief justice reprimanded the NAB lawyer for not disclosing this new development at the outset of the hearing to save the court time. He said NAB should have moved an application before the appellant’s counsel began his arguments.

The chief justice asked the NAB lawyer to submit a written application seeking withdrawal of the case so that the court could dispose of the appeal with necessary directives. The NAB lawyer left the courtroom to consult his superiors, then he submitted the application to the court. Interestingly, before filing the application, the deputy prosecutor general also consulted Mr Hayat’s attorney, who suggested a few amendments to the case-withdrawal application.

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