IHC orders acquitting Ahsan Iqbal in Narowal Sports City Complex corruption reference
ISLAMABAD, Sep 21 (SABAH): The Islamabad High Court (IHC) ordered on Wednesday to acquit Pakistan Muslim League-Nawaz (PML-N) Secretary General and Minister for Planning, Development and Special Initiatives Ahsan Iqbal Chaudhry in the Narowal Sports City Complex case. The NAB has failed to prove any allegation of corruption against Ahsan Iqbal in reference.
A reference was filed against the federal minister at the National Accountability Bureau (NAB) in Islamabad on December 18, 2020 after an encroachment scandal had come to light in July 2019.
The PML-N leader was arrested in December 2019 and released on bail the following year in February. However, the accountability court had rejected Ahsan Iqbal’s plea for acquittal in February earlier this year.
During the proceedings on Wednesday, a two- member bench comprising IHC Chief Justice (CJ) Athar Minallah and Justice Saman Rafat Imtiaz heard Ahsan Iqbal’s plea.
Upon the IHC’s request, the NAB investigating officer informed the court that he had got the case in 2018 and that the arrest was made in 2019.
The CJ remarked that the NAB had filed the reference “without knowing what CDWP – the technical, financial and economic analyses of various projects – even is”. “Have you seen the statement of the secretary that you made a sworn witness to the case?” the judge lambasted, adding that the NAB had “stopped a public project” without paying heed to the costs.
“We did not stop the project,” the NAB investigating officer told the court. “Just tell us where the corruption took place,” CJ Minallah retorted.
The NAB prosecutor responded to the court by saying that the additional prosecutor was absent and he would present the arguments; however, the court refused to adjourn the case.
“This case is being seen under the amended law,” the NAB prosecutor stated referring to the recent NAB law changes. “[But] the amendments have nothing to do with this case,” the judge stated. “Your job was to look at the corruption,” CJ Minallah added, “but your interests were elsewhere”.
The prosecutor then informed the court that the project was a provincial matter after the 18th Amendment and it was then transferred to the Ministry of Inter-Provincial Coordination (MIPC).
“Was Ahsan Iqbal heading the MIPC?” the judge inquired, to which the NAB prosecutor said that Iqbal was the minister for planning. “Then what authority did Ahsan Iqbal misuse?” the court asked.
“It is not your job to decide what policy should be made for which project,” CJ Minallah added, “whether Narowal is a small city or a big one, what sort of projects should be perused there, these matters are none of your concern”.
“You have no clue how the government works,” CJ Minallah remarked, “tell us of a single corruption allegation in all this. If you speak of losses, then it is you who caused them by stopping the project. By this logic, you should have filed a case against yourself.”
“Will NAB now see to what government will do what?” the judge retorted. “Which newspaper was it, and what was even written there that you opened this case? Were the facts even verified by the NAB chairman? On what basis was a case filed against corruption charges in a public welfare project?”
Upon this, the NAB investigating officer asked the court for more time, but the court nabbed the request saying “you have been given plenty of time”, and questioned the investigating officer why Iqbal was arrested.
The NAB prosecutor asked the court for permission to look at the case according to the present law but this too was rejected by the bench.
“You need a lot of training,” CJ told the investigating officer and criticized him for “playing with people’s credibility”.
“You have been asked 15 times to inform the court about corruption,” CJ Minallah added, “you make false cases against people and when they are declared false you cannot even defend them”.
IHC Chief Justice Athar Minallah asked NAB’s prosecutor whether the accountability watchdog had any evidence of corruption against Iqbal.
“[Development] on a project, which was being built for the people’s benefit was stopped. Tell me, who is responsible for stopping a project that was for the benefit of the people?”
The IHC CJ chided the NAB prosecutor as he was unable to provide evidence of corruption against Iqbal. Justice Minallah added that despite the project being of importance to the public, NAB intervened.
“I have asked you repeatedly to point out the corruption in this project,” the IHC CJ said.
In response, NAB’s lawyer said that Iqbal’s constituents of Narowal benefited from the project. “So, is it a crime if the citizens benefit from it? Where is the crime? Where is the corruption?” Justice Minallah questioned.
Justice Minallah said that in line with NAB’s arguments, it seems that the accountability watchdog had ulterior motives while arresting the planning minister.
Apart from NAB’s prosecutor, the IHC CJ also slammed the investigation office for falling short of providing evidence of corruption.
The court rejected the request of NAB prosecutor to grant further time for the preparation of the arguments in the case. Chief Justice IHC Athar Minallah while addressing NAB prosecutor said that secretary who has been made approver in the case, whether you have seen his statement. Chief justice while addressing NAB prosecutor said that you stopped the public welfare project and become cause of the increase of the expenses of the project. The prosecutor NAB informed the court that they had not stopped the project. Chief justice said that it is not the jurisdiction of the NAB to see that what is the government about any project and where in the country any project will be started, adding that it is not the jurisdiction of NAB to see that Narowal is big or small city.
Chief justice IHC said that NAB did not know how government functions, adding that whether the NAB will see which government doing what. Chief justice directed NAB prosecutor to read out the story published in “Metro Watch” newspaper. Chief justice remarked that whether NAB chairman had checked the facts published in the newspaper. Chief justice inquired from NAB prosecutor that where is corruption in the case. Chief justice inquired who stopped the project from 2002 to 2010. Upon this the NAB prosecutor informed that there was martial law in the country during this period. Upon this chief justice IHC addressing the NAB prosecutor said you have apprehended them. Chief justice said that why Ahsan Iqbal was arrested. Chief justice said that a competent office Ahad Khan Cheema has been acquitted, adding that NAB imprisoned him for three years, who is responsible for this.
Chief justice said that according to the statement of NAB prosecutor, martial law and NAB caused harm to the project. Chief justice said that who is responsible for causing harm to the public welfare project. Chief justice said that those who were responsible for the delay of the project till 2009 needed to be apprehended by NAB. NAB failed to prove corruption in the case against Ahsan Iqbal.
After hearing all the arguments, the IHC CJ dismissed the reference against Iqbal.
The watchdog had alleged that the minister for planning, development, and special initiatives misused his authority to illegally enhance the scope of the project from Rs34.75 million to Rs2,994 million approximately.
NAB alleged the sports city project was conceived in line with the instruction of Iqbal without any feasibility in 1999. It was initially approved at a cost of Rs34.74 million by the Central Development Working Party (CDWP), which Iqbal headed.
NAB claimed that Iqbal illegally directed the Pakistan Sports Board (PSB) and NESPAK to increase the project’s scope, enhancing the cost to Rs97.52 million.
However, Iqbal had always denied all the allegations leveled against him by the watchdog and also moved Islamabad’s court to have the reference against him dismissed.