KARACHI: (Aftab Channa) It seems that the Sindh government is confused on the matter of pending inquiries and investigations with the National Accountability Bureau (NAB) as the provincial authorities had earlier asked the accountability bureau to transfer all pending inquiries, investigations to Anti Corruption Establishment, and now Advocate General Barrister Zamir Ghumro asks authorities not to handover records for new corruption cases.
In this regard, Sindh’s Advocate General Barrister Zamir Ghumro has forwarded a letter to Chief Secretary Sindh and Secretary Law and Parliamentary Affairs clarifying that a wrong impression has been created in a section of print and electronic media regarding the order dated 16-8-2017 passed by Division Bench of the Sindh High Court head by Chief Justice in CP No D-5343/2017 (Muttehida Qaumi Movement) and others versus province of Sindh and others.
The order has not suspended the National Accountability Ordinance Sindh Repeal Act 1999. It’s very much in the field. However, the court has only ordered that pending inquiries and investigations may be continued by the NAB and pending references may also be proceeded by Accountability Courts established under National Accountability Ordinance, 1999.
As per provisions of the National Accountability Ordinance, Sindh Repeal Act, 2017, the NAB Ordinance stands repealed and NAB can not initiate new cases or inquiries against the provincial government departments or provincial office holders. All the departments of Sindh government may cooperate with NAB regarding pending inquiries and investigations but no government record could be provided to initiate new cases or inquiries as the Sindh Repeal Act is a valid law and very much in the field. No notices could be issued by the NAB for initiating any fresh inquiry or investigations as per provisions of Sindh Repeal Act, 2017.
You are therefore requested to communicate all the departments and institutions of Sindh government that Act of August Sindh Assembly could neither be suspended under the law nor it has been suspended. The order is to the extent of pending proceedings so new or fresh cases could not be initiated by NAB and no record of government or communications could be provided to NAB authorities in this regard.
Few days ago after passage of controversial “National Accountability Ordinance, 1999 Sindh Repeal Act, 2017, the Sindh government had asked the National Accountability Bureau (NAB) to transfer all pending complaints, inquiries and investigations to province’s Anti Corruption Establishment for self propelled action against corrupt mafias.
The Services, General Administration & Coordination Department (SGA&CD) also forwarded a letter No:SO(C-IV)/SGA&CD/3-2/17 titled “Transfer of Pending Complaints, Inquiries and Investigations with respect to Provincial Departments and Office Holders that stated provincial assembly of Sindh has passed the National Accountability Ordinance, 1999 Sindh Repeal Act, 2017 which has become law with effect from 9th August 2017 as per provisions of Article 116 of the Constitution of Islamic Republic of Pakistan.
It is therefore requested to kindly transfer all pending complaints, inquiries and investigations to Anti Corruption Establishment as per provisions of National Accountability Ordinance, 1999 Sindh Repeal Act, 2017.