NAB Blues?

Publisher and Managing Editor IKRAM SEHGAL  wrote this article for THE NATION which the DJ is re-producing with thanks.

Trying to resolve a major financial dispute between  a private sector entity and a public sector organisation, the Minister-in-Charge gathered both the parties  in good faith recently in Islamabad.   It  was soon clear that the public sector entity had no intention of accepting the truth and was mainly engaged in  confusing the issues.  Frustrated at their attitude, we requested the Minister for an impartial audit to be carried out by any well renowned mutually acceptable independent auditor.  We were taken aback when the public sector entity asked for an immediate enquiry by the National Accountability Bureau (NAB).  That in fact was our own objective, to have professional accountants look at the records and on the basis of their findings to take it to NAB for prosecution of those in that  particular Corporation who had been involved in fraud, forgery, perjury, misrepresentation  and misinformation.  The ready willingness of those whom we had no doubt had indulged in skullduggery  to go to NAB in the first instance was really surprising.  It  was only after the meeting that we discovered why.  It transpired that these characters had earlier been investigated by NAB officials on other issues,  contrary to being held accountable for their misdemeanours they had compromised those enquiring into their affairs.  Control of a public sector organisation allows a number of inducements to be possible, cushy job placements for relatives and/or friends, petty contracts, etc, in this case it included the job of a Chief Security Officer as a starter.  Not surprising that those whom we wanted exposed should have audacity to suggest NAB,   these “veterans” knew NAB could be manipulated to their satisfaction.  That is the measure of what NAB has ultimately become, the sum of a few rascals in authority with a willingness to do “business”  with the corrupt.   NAB may do a hundred good things, a few bad fish have spoilt the entire pond. The  guilty have reason to feel confident that they have derailed the moral sanctity behind NAB’s accountability process  to suit their own purposes.

When Amjad became the Chairman of the newly commissioned NAB last October,  great things were expected from him.  In the Army he had acquired a reputation as a clean, honest (to a fault) and professionally competent soldier (and he remains one).  He  methodically set about cleaning the dirty stables of the muck-filled Pakistani farm, and if not rid us altogether of nepotism and corruption,  putting  the fear of God into a majority of the corrupt lot,  their illegal activities could no longer be carried out openly without any questions or fear.   Not only the hopes of the COAS and the Pakistan Army but that of the entire nation rested upon him. One forgave him his first “bull-in-a-China shop”  steps because of inexperience and a nation hungry that the guilty be brought to justice.  In the process a number of well-known businessmen were hauled up and subjected to extreme discomfort, if not third degree treatment.  Obviously this was playing to the gallery and the people of Pakistan were generally delighted at what they thought was just retribution for those who had looted the country’s wealth for over five decades.  It soon transpired that at least some of the process was out of personal motivation, others were not well thought out.   Some of those held were totally innocent. One after the other, those who could connect and/or compromise made their way back to freedom.  The failure of NAB to hold those clearly guilty, particularly due to lack of evidence and despite the draconian NAB Ordinance,  was extremely disappointing for both the intelligentsia and the masses of Pakistan.  Perception is nine-tenths of the law, a backlash set in.  To obtain results Amjad resorted to legitimising dishonesty, an amendment was enacted to NABO wherein if you returned the illegal wealth and/or penalties thereof imposed by the Chairman NAB, you could escape punishment.  This  undercut the moral authority of NAB to function.

Where (and when) did NAB go wrong?   Amjad had been given virtually a free hand to make his own team by the Chief Executive.  His selection of key personnel was mixed, ranging from outstanding to atrocious.  He relied mainly on the old school tie, surmising that the honesty and integrity of the public school system and old associations could be counted on.  Amjad should have realized that this modus operandi was horribly wrong, the selection of key personnel should have been more professional.  Some have done a wonderful job, some left out of frustration, some proceeded to line their pockets or take other pecuniary advantage. Amjad’s free hand gave a couple of outright rascals a bonanza to infiltrate NAB with cronies modelled on themselves, using NAB authority and  influence to line their own pockets to gain some benefit or advantage for their near and  dear ones.  To give one example, among the people nabbed by NAB was  an “untouchable”, a man who had defrauded banks and other financial institutions  a myriad number of times, a criminal more than a businessman. Among NAB’s senior hierarchy is a person who has been on this man’s payroll for years, how can one be effective with  a mole established at ground zero? NAB has interrogators and  investigators,  this process is necessarily kept separate, only the senior hierarchy decides the eventual course of action based on the findings. If interrogators get involved in trying to obtain compromises from whom they are interrogating even before the investigation process has started,  one can only conclude that money has changed hands. A Dr. Jekyll-Mr. Hyde reputation of NAB has developed of serious accountability balanced with  a willingness to compromise at any cost.  To go back  to the incident related at the outset of this article, the eagerness of crooks to ask for “justice” from whom they should fear most is a severe indictment of NAB’s honesty and integrity.

Despite some excellent work, failure to cleanse itself, meant its reputation eventually became tarnished, almost fatal for the process of accountability.  What Amjad  started  as a clean, diligent process has been badly tainted.  Take for example how the representative of a renowned US investigating firm connected with  NAB  parlayed his NAB connections to good business for his private security firm by arranging “profitable”  meetings between NAB targeted bankers and NAB officials?  Since Amjad may have time on his hands in Multan, let him find out how much security services business has been given to this man’s firm by the bankers whom NAB had been investigating. The media is now openly commenting that the new Chairman-designate will be “business friendly” i.e. he won’t go after those businessmen that have got connections. Is that the end of NAB? The Finance Ministry has been agitating that NAB’s actions are counter-productive, that some businessmen may be crooks but since they are bringing money into  the economy they should not be touched (one such crook was called “a dynamic entrepreneur” and put on the Economic Advisory Board).  This is an immoral argument made by immoral people, a well-planned backlash by the motivated to prevent  NAB going about its business of genuine accountability. 

NAB must ensure that professional people are designated for specialist needs, not jack-of-all-trades people without focus on realities except on their own self-interests.  And the personnel should be chosen with care, people who can be held accountable for misdeeds have no right anywhere in the public sector.   In the end the people Amjad trusted most  actually compromised NAB’s effectiveness. And since Amjad claims that he will not spare anyone who is dishonest, howsoever close a friend he may be (and he is still to hand over charge at NAB), why not ask who among his closest friends in NAB has more than a million  British Pounds Sterling, almost Rs.13 Crores,  in an account in UK? Where did this miserly person, who pretends to all his friends (and cronies) that he is down and out, get this type of money? Maybe some rich uncle gave it to him?  Or was it commission on arms sold to Pakistan?  And has CBR any plans to tax this man on the Rs.13 Crore?  That is why NAB gets all its blues, a case of “Physician, heal thyself first”.