NAB returns JJVL reference against Dr Asim, others due to jurisdictional issues

KARACHI: In a recent development, the Accountability Court IV, Karachi, issued an order on February 15, returning the reference filed against Dr Asim Hussain and nine others, including Iqbal Z. Ahmed, to the National Accountability Bureau (NAB) Head Office through NAB Karachi. This decision stems from the court’s determination that NAB lacked jurisdiction in the matter.

The court’s order highlighted a crucial observation, stating, “... In the above reference, there is no allegation that applicants/accused intentionally misused their authority by disregarding the law to gain any monetary benefit or favour for himself or any other person related to him or his behalf. There is neither any allegation of having done the act not in good faith nor any allegation of gaining any monetary benefit as such the applicants/accused do not fall within the ambit of misuse of authority as defined by law and as enunciated under the amendments.”

The court further emphasized that there were no allegations of acting in bad faith or gaining any monetary benefit against the accused. According to the court’s findings, none of the accused violated any provision of law, and no monetary benefit was obtained by any of them.

Additionally, the court observed that, in light of the NAB Amendments, as none of the accused was in public service, the NAB Court had no jurisdiction in the matter. Consequently, the court has decided to return the reference to the NAB Head Office for appropriate disposal per the law.

This decision underscores the importance of ensuring that legal proceedings adhere to jurisdictional boundaries and establishes the need for comprehensive evaluations of allegations before pursuing legal actions.

Copyright Business Recorder, 2024