Re: Why SC would disqualify NS from holding public office and would send cases to NAB
You are right. If it was not for Imran Khan, no one would have taken the case to SC, and this Haramkhor Thug may have got away.
Anyhow, this Haramkhor Thug NS should curse Musharraf too … because of many changes Musharraf brought in Pakistan, that has put noose on the neck of this Haramkhor Thug:
1: Musharraf gave independence to Media … issued licence to around 100 TV channels, creating 1000s of journalists and anchors. With such big team of TV channels, journalists, reporters and anchors … employing 10s of thousand personals, it became almost impossible to control this juggernaut of accountability and opinion-maker machine.
2: Pakistan judges were receiving around Rs 5000 a month in 1970. Pay stayed same until Zia time who increased it to around Rs 10000. After Nawaz used judges to depose Sajjad Ali Shah, he increased the pay to around Rs 20000. … Still, pay was not big incentive for good judges … and corruption was rife too . Musharraf increased the pay to over Rs 120000 plus linked the pay to inflation plus. … That was enough for attracting good judges and less incentive for corruption. Musharraf also made judiciary independence of government … making judiciary in charge of their own affairs, including hiring and firing (President can send reference to SJC for firing) … plus, seniority became criteria for promotion. Hence .. Judges became somewhere independence, especially with time.
3: Most important … introducing NAB in November 1999. Here is story of NAB … and clause NS is caught:
Until 1977, for public servants, living or having assets beyond known means was considered as corruption, and if caught, civil servants have to justify their assets and/or living standard … else would have got punished of corruption.
Zia ul Haq changed this law … so corruption in Pakistan started increasing, and fast. NS was thinking that same is true even after Musharraf. … But … on 16 Nov 1999, Musharraf introduced NAB ordinance … and according to NAB ordinance … for civil servants as well as any person holding political post, living beyond means or having assets beyond means … that cannot be justified by accused by showing his earnings … than culprit (accused) get punished as corrupt or person following corrupt practices.
Thus … when Thug Nawaz got caught with 4 Mayfair flats without doubt … and also admitted their ownership of those flats … SC is asking to justify these wealth by showing ownership documents as well as legal earnings used to buy or acquire these flats. Here is NAB ordinance … introduced by Musharraf in Nov 1999.
Haramkhor Thug is now caught due to this ordinance … as SC judge mentioned, that is … (9a - v) … as mentioned below:
NAB ordinance:
http://www.molaw.gov.pk/molaw/userfiles1/file/MOLAW/NABORDINANCE-1999.pdf
- Corruption and corrupt practices:
(a) A holder of a public office, or any other person, is said to commit or to have committed the offence of corruption and corrupt practices-
(i) if he accepts or obtains from any person or offers any gratification directly or indirectly, other than legal remuneration, as a motive or reward such as is specified in section 161 of the Pakistan Penal Code (Act XLV of 1860) for doing or for-bearing to do any official act, or for showing or for-bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person; or
(ii) if he accepts or obtains or offers any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or likely to be, concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with his official functions or from any person whom he knows to be interested in or related to the person so concerned; or
(iii) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use, or for the use of any other person, any property entrusted to him, or under his control, or wilfully allows any other person so to do; or
(iv) if he by corrupt dishonest, or illegal means, obtains or seeks to THE NATIONAL ACCOUNTABILITY BUREAU ORDINANCE, 1999 7 obtain for himself, or for his spouse and/or dependents or any other person, any property, valuable thing, or pecuniary advantage; or
(v) if he or any of his dependents or benamidars owns, possesses, or has any right or title in any movable or immovable property or pecuniary resources disproportionate to his known sources of income, which he cannot reasonably account for; or
(vi) misuses his authority so as to gain any benefit or favour for himself or any other person, or to render or attempt to do so;
(vii) if he has issued any directive, policy, or any SRO (Statutory Regulatory Order) or any other order which grants or enables any concession or benefit in any taxation matter or law or otherwise so as to benefit himself or any relative or associate or a benamidar.
(b) All offences under this Ordinance shall be non-bailable and, notwithstanding anything contained in sections 497, 498 and 561A or any other provision of the Code, or any other law for the time being in force no Court shall have jurisdiction to grant bail to any person accused of any offence under this Ordinance.
(c) Where the Chairman NAB decides to release from custody or detention a holder of a public office or any other person accused of an offence under this Ordinance, he shall do so after considering the gravity of the charge against such person and where the accusation specifies any amount in respect of which the offence is alleged to have been committed, he shall not be released unless such amount is deposited with the NAB; Provided that the Chairman NAB may impose other conditions for release from custody or detention.