Who Will Bell the Cat?.... Judiciary
At last , judiciary has decided to take action against corruption
of general Musharaf.This thing shows
that now the Judiciary has decided to eradicate the corruption in the country
without discrimination of civilian or army men.
Indeed army , may have reservations regarding to take action against its Ex. Chief, but it
is the need of the hour, at least politicians and ex military dictator should be equally trail
by the court of law.For this a petition has been moved in Islamabad High Court,
the IHC had ordered to NAB to take action against the corruption of the
Musharaf. Here is details of the proceedings of the court.
The Islamabad High Court
yesterday directed the National Accountability Bureau (NAB) to investigate
former president and army chief General (retd) Pervez Musharraf for allegedly
accumulating assets beyond his known means of income.A division bench of IHC
comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb
conducted hearing of the petition moved by Inam-ul-Rahiem Advocate who sought
court’s direction for initiation of a reference against Musharraf. He also
prayed the court to restrain Musharraf from alienating and disposing of his
assets and properties till the final disposal of this petition.In his petition,
Inam cited NAB chairman and former president Musharraf as respondents.The dual
bench declared in the verdict that the former military dictator was amenable to
be proceeded, investigated, tried and convicted under the NAB Ordinance of 1999
if there was evidence that he committed an offence.The court stated that
Musharraf can be tried because of “two eventualities; firstly, for holding the
constitutional post of the President of Pakistan and secondly, clause (vi) of
section 5(m) of the Ordinance of 1999 is attracted because he had resigned and
stands retired from the Armed Forces of Pakistan.”The verdict said,
“Across-the-board accountability is an onerous statutory obligation of the
Bureau under the mandate of the Ordinance of 1999.” It added, “Public trust and
confidence is the hallmark of effective and result-oriented
accountability.”Justice Athar, who had written the verdict, noted, “It is the
duty of the bureau to consider any information or complaint laid before it by a
citizen and then to fulfill its statutory obligations by proceeding under the
Ordinance of 1999 in a fair and transparent manner without fear or favour.”The
judgment said that the bureau was empowered to consider the complaint of the
petitioner and after such consideration if it is of the opinion that an offence
under the Ordinance of 1999 is prima facie made out, then it will become a duty
of the latter to proceed to inquire, investigate and take all other steps
mandated under the Ordinance of 1999.”Answering a question on whether the
bureau has jurisdiction to inquire into or to investigate the alleged offences
of corruption or corrupt practices against Musharraf, the court said that a
member of the Armed Forces who has also been president of Pakistan cannot claim
immunity or exemption from being subjected to the Ordinance of 1999.Likewise,
it added, a member of the Armed Forces after retirement or resignation becomes
exposed to being proceeded against under NAB laws because the immunity ends
upon the end of service.The verdict maintained, “We are satisfied that the
Bureau has indeed erred in misinterpreting the provisions of the Ordinance of
1999 by refusing to consider and entertain the complaint, which had been filed
by the petitioner.” Subsequently, the court declared NAB’s letter of
April 25, 2013, as illegal.In this petition, Advocate Inam adopted before the
court that the petitioner filed a complaint to respondent no. 1 for initiating
a reference against respondent no. 2 supported by the documentary evidence in
the form of Musharraf’s declarations made in his election papers when he
appeared as candidate for National Assembly.He added that as the respondent no.
2 was holding the office of Chief of Army Staff as well as President of
Pakistan and in that capacity he was duty bound to defend the motherland and
protect the lives of his countrymen. However, he by violating his oath, got his
own countrymen and fellow Muslims abducted and sold them to Americans.The
petitioner stated that instead of taking any action under the law, the
respondent no. 1 returned back the complainant without any action.He argued
that the point of view of NAB was totally incorrect, illegal and mala fide as
corruption was never defined as an offence in the Army Act. The present Army
Act which was inherited from Colonial Masters and even the framer of that act
could never imagine that any army person that of a General and Chief of Army Staff
could be so corrupt that he could sell his own people for monetary gains.He
contended that under the NAO 1999, the respondent no.1 was legally bound to
proceed as per the law laid down against the wrongdoer (who was holding the
public office) when the complaint had been made but the respondent No. 1 did
not act in accordance with law.Therefore, advocate Inam prayed that a writ may
kindly be issued directing the respondent no.1 to proceed against Musharraf in
accordance with law and to submit report before the court in respect of
findings arrived at by the Respondent No.1 regarding the complaint/ reference
filed by the petitioner.The court proceedings shows, now it is the best time to
take action against corrupt Mafias , so it is no the duty of the court to take
action against all corrupts emelments those looted dear homeland, with any
discrimination, it can be termed as ray of hope for the people of Pakistan.
……………………………………….
Columnist is the
practicing Lawyer.
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