TEXT of Letter by Chairman NAB to President Zardari

On 28th January 2013 Copy of the Letter by Chairman NAB was released to the Media- addressed to the President of Pakistan: 

admiral_fasih_bokhari-nab_chairman-1Please accept my gratitude for supporting unhindered execution of my mandate. Large recoveries have been made (about Rs 25 Billion). The Prevention activity of focusing on the current procurement and projects of Rs. 1.5 Trillion to eliminate possible corrupt practices, and the disclosure of heavy daily wastage of revenue and state owned resources indicative of decade’s old systemic flaws is being addressed by the Government.
However I write to you at a critical juncture in the history of our country when our people anxiously await free and fair elections. At this juncture all political players appear unanimous and united to respond to the aspirations of their countrymen. There is broad consensus that non political players must not be allowed to derail the political process. The Military has made its position clear and firmly stands with the people.
I am constrained to observe and bring to your notice that the position of the Honorable Supreme Court, on this issue, remains clouded by actions that are bearing heavily on my mandate to strictly abide by the NAO in both letter and spirit, as the time for elections approaches.
The clear line between the recognized authority of the Supreme Court to monitor NAB investigations to the limited extent of ensuring fair investigation, and itself becoming involved in guiding investigations, appears to be becoming breached as a norm as the elections near. Contempt notices, verbal orders that differ from written orders, and insufficient time to prepare numerous progress reports, are placing extreme pressure on NAB personnel who appear before the Honorable Judges. There is even a danger that NAB personnel could lose their independence and are unable to carry out their investigations in an independent manner due to the pressure being exerted on them by the Honorable Supreme Court to proceed along lines which seem to be desired by the SC. In relieving this pressure, to safeguard their jobs, and so as not to displease the Honorable Court, there is danger of unfair investigation being resorted to. This phenomenon is observable in the investigation of very senior politicians of the government where orders, to even arrest them, have been issued on investigation reports of regional investigators that had yet to reach the Executive Board Meeting at NAB Headquarters that is chaired by me. This could be construed as a clear violation of the powers of the Chairman NAB, and to some degree circumventing the NAO which I am required by law to follow. The NAO in my view as it remains law passed by Parliament represents the will of the people and as such I am bound to follow it. The National Accountability Ordinance mandates that no reference can be filed until I have been allowed to exercise my mind, and decide that a clear case of criminality has been made out. I would be failing in my statutory duty if I shirk from upholding the law that I am mandated to protect. Let me assure you, Mr. President that I will not flinch from prosecuting whosoever may be identified as having committed a criminal act under the National Accountability Ordinance. All are equal before the law. The nation expects that there be no sacred cows, nor raging bulls.
I am constrained to also bring to your notice the revolt within NAB, clearly abetted by a certain section of the media that used the sad demise of Mr. Kamran Faisal to vilify me and some senior NAB officers. This section of the media appears to be acting as an intelligence unit influencing the public, and possibly influencing certain members of the judiciary. Long standing “stay” on taxes to be paid by this media house appears to be relevant also.This campaign, in which the role of the Honorable Supreme Court appears evident, is placing great pressure on me to please the Honorable Supreme Court in what could be seen as pre-poll rigging, and hurried unlawful action on my part.
Mr. President, I resigned my commission as Chief of the Naval Staff just prior to a Military coup rather than violate my oath to the Constitution. I was part of The Pakistan Ex Servicemen Association contingent that came on the streets protesting against the infamous 3rd November Emergency, and later for the movement for independence of the Judiciary. It is a sacred duty of every Pakistani to uphold, be guided by, and fiercely protect the Law and Constitution.
I fear that in the current direction that the Honorable Supreme Court appears to be taking, I will not be able to perform my independent statutory role. This situation needs to be addressed firmly in line with the aspirations of the people, and the clear mandatory provisions of the Law and the Constitution.

Although not directly within my mandate, as a citizen I am concerned about the current priority vital national interest (VNI) of achieving national cohesion before being able to address lower priority VNI such as HDI, Economic acceleration, infrastructure development, etc. Relevant state institutions must look carefully at the possible role of members of the judiciary, and a section of the media, in undermining state institutions, and the confidence of the people in the state itself.

The Ombudsman offices were established to also address human rights issues. The need to allow the Honorable SC to be diverted from its prime roles as the final Appellate and Constitutional Court may need to be addressed since ability to take Suo Moto notice of human rights cases can become an open license to undermine government, and may be taking time away from addressing the issues of judicial management of the current huge pendency of cases in our courts. In the absence of timely justice the people are forced to take the law into their own hands and their anger becomes focused on their governments. The essence of law is to provide a moral benchmark to society. That benchmark is sadly being lost by a judiciary that may be fast losing its own moral authority by relying on the contempt law, media, street power of lawyers, and unchecked violations of the Supreme Court Judges code of conduct.

For the well being of our people justice must be ensured, while protecting them from those who would callously allow “the heavens to fall”. Should these issues not be addressed expeditiously I will regretfully be forced to tender my resignation.

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Comments

  • GRK  On January 29, 2013 at 2:40 am

    admiral bokhari outer posture and soft face reflects calm,composure and pleasent personality.i pray he sails out of this storm with grace and clean record.after all he has earned his reputation as good top naval officer regards grk

    GRK

  • Zafar Chaudhry  On January 29, 2013 at 2:41 am

    What precisely is the issue / complaint that the writer of the letter wants the President to redress??

  • Najma Sadique  On January 29, 2013 at 2:42 am

    This is not a resignation letter. It is an explanation of the difficulties the Chairman is facing in carrying out his mandate. He says: “Should these issues not be addressed expeditiously I will regretfully be forced to tender my resignation.” Meaning, unless he is able to work without hindrance, he will feel compelled to resign. That makes sense. But if this was followed by an actual resignatipon, then he knows it was pointless staying on. If NAB has made recoveries of 25 billion, that’s no small achievement. But she should details of these to the public.
    One feels that if he was having so many difficulties, he should have written this letter much earlier — even before the murder. At the same time, one cannot help wondering if there weren’t problems in cases where corruption was executed by others fronting for the Crook par excellence: Zardari, and people who thwarted investigations, like Rahman Malik, without making it evident. Not an enviable situation to be in. And as long as NRO protects the entire swathe of criminals that adorn the presidency and cabinets, justice will never be fully served. – NS

    • Zafar Chaudhry  On January 29, 2013 at 3:01 pm

      In that case dear Ms NS, the retired Admiral should have been more direct. Gen Amjad once a NAB Chief, finding too many extraneous and inappropriate influences that came to exert on his focus, resigned from the job without creating fuss.

      The letter to the President leaves question marks on the quality of leadership of the retired naval officer as regards clarity of aim, courage in adversity and steadfastness in hardship. God bless him.

  • Faisal Imam  On January 29, 2013 at 3:12 am

    We have full faith in the chairman.
    We leave it to his better judgement.
    I hope he does not follow general Amjad’s plight.

  • Shaheen  On January 29, 2013 at 3:13 am

    Agreeing with Najma, he is writing to the person who is the ‘dada-gir of the all encompassing horrendous corruption stifling this country……a comedy of error’s it seems !~

  • Ghias uddin Babar  On January 29, 2013 at 3:23 am

    A very balanced, realistic and comprehensive narration of on going events. Suo Moto actions are taking away important time of judiciary from routine cases and finally it is the common man in the street who suffers and lives without sufficient facilities from judiciary side. This policy of judiciary lowers down the very confidence and faith of general public in the state institutions and more so in our judicial system.

  • Akhtar  On January 29, 2013 at 8:43 am

    Sahibaan e Zee Waqar koi aisa banda v dasso jehra saaray pakistan eastay qabil w qabool howay ? kissay noon CJ Farishta nazar aana jay tay kissay noon Admiral? Wesay eh saaray fauji retire howan toon baad Haji keven ban jaday nay? Please help to expose this myth.
    regards to all.

  • S.M.K Durrani  On January 29, 2013 at 8:44 am

    Courrpts in Supreme Court cannot withstand upright and honest person as head of NAB, because such person would never stoop that low to fulfil their nefarious designs and get the things going as per their selfish moves. Admirial has very rightly exposed the malafiede interference of Chief Justice and his cronies in the affairs of NAB to achieve the results according to their whims. A shameful act.

  • Freda Shah  On January 29, 2013 at 8:45 am

    The President is the appointing authority in this case. The letter is addressed to his office, not to Mr. Zardari the individual. There is a difference between his official and private position. The office has to be respected, while the individual can be subjected to valid criticism.

  • Ijaz Khan  On January 29, 2013 at 8:45 am

    Well said Durrani Sahib.

  • Syed Baqar Husain  On January 29, 2013 at 3:02 pm

    Ms. Yasmeen,
    I have read the text of the NAB Chairman’s letter to the President and I am not sure what the Chairman is trying to say. It appears to me that he is wandering all over the place. Since you have a better understanding of the politics in Pakistan, I would greatly appreciate if you would explain in a few words what is being said. Here in USA, we have a saying “If you can not dazzle them with your brilliance then baffle them with your bullshit”. I am sure which of the two is more appropriate for the Chairman’s letter. Thank you.

    Syed Baqar Husain

    • Shehzad  On February 3, 2013 at 5:10 pm

      If you fail to make out what is written very plainly, you may review your decision to read such contents if not see a doctor.

  • idrees  On January 29, 2013 at 3:04 pm

    To rein in the CJP through official channel…… Even through sending the matter to the supreme judicial council.

    • Zafar Chaudhry  On January 30, 2013 at 2:07 pm

      Idrees Sahib;

      Anybody can rein in the CJ. All that he /she has to do challenge him in the court on factual or technical grounds. The Attorney General often makes awkward efforts but ends up looking shallow and disgustingly ill mannered.

  • Brig Farooq Hameed Khan  On January 29, 2013 at 4:52 pm

    There are no doubts on the impeccable integrity of Admiral Fasih Bukhari. But with his past illustrious record in service of the country, he has not come to our expectations as Chairman NAB . Wish he had come down heavily on the corrupt elite and become a role model for accountability in Pakistan.

    His letter to President is a charge sheet , may i say an open confrontation against the Supreme Court, least expected from a retired four star general , heading a national accountability setup . Keeping in view the prevailing crisis, if i were in his place , i would step down honorably , just as Air Chief Marshal resigned from PIA , apparently due to health reasons but more due to political interference by the high ups. Confronting Supreme Court openly has obvious implications.
    Brig Farooq Hameed Khan

  • Freda Shah  On January 29, 2013 at 4:53 pm

    It is unrealistic to expect decades of the piled-up mess of corruption to be sorted out quickly and easily, especially under the present circumstances.

  • Brig Farooq Hameed Khan  On January 29, 2013 at 4:53 pm

    WE ARE ONLY TALKING ABOUT THE DELAYS IN STEEL MILLS , RPPS AND OGRA CHIEF CASES. WHY ARE BIG CROOKS BEING SHIELDED
    Brig Farooq Hameed Khan

  • Brig Farooq Hameed Khan  On January 29, 2013 at 4:54 pm

    Because crooks are protected by the Don…the West…where they have parked or re-invested the loot from this Country ! You think they care ? Thousands without safe water, millions facing food shortage…no way…no way !

  • Freda Shah  On January 29, 2013 at 4:55 pm

    Anyone who has some bona fide suggestions on how to handle these cases better should convey these to NAB in case the latter can benefit from them in the interest of our country. Vague criticisms alone are of no consequence.

  • Salim  On January 29, 2013 at 8:05 pm

    Aayein bayein shayein

  • CNU  On January 30, 2013 at 1:31 am

    This does not appear to be a letter of resignation in any manner. Why the Prez & PM have decided in their meeting not to accept the resignation? Do they want to give it a blow-up? Have they ultimately decided to launch a multi-pronged attack on Supreme Court?
    CNU

  • A.M Malik  On January 30, 2013 at 2:14 am

    He has not yet decided nor will he – except if there is a noora kushti. He is never known for a pristine reputation
    am

  • SHOMU BHATTACHARYA  On January 30, 2013 at 9:47 am

    It is indeed a pity if the NAB is getting both nabbed and gagged because this will only lead to more poor people getting ragged and which Pakistan at this stage and with elections round the corner can ill afford–the fact that all are equal before the law has to remain supreme–Pakistan deserves to be given a chance to have free and fair elections and to bring back and live up to
    Mr Jinnah’s words and I quote ‘Democracy is in the blood of all Mussulmans who look upon complete equality of mankind and believe in fraternity, equality and liberty’unquote

  • Fahim  On January 30, 2013 at 10:42 am

    NAB has never acted in a judicious manner on the mandate given to them by the people and fall far below their expectations.They have failed to maintain their independence and impartiality like all other institution..It is high time and the proper time to mend our ways and act as honest and responsible citizens.The blame game from all quaters must end and the guilty be punished as per law without exception.
    We as muslim must derive our strength from Quran and sunnah which has remedy for all ills in the society.
    Regards
    Fahim
    *** This Message Has Been Sent Using BlackBerry Internet Service from Mobilink ***

  • Jamil Mukhtar  On January 30, 2013 at 2:06 pm

    Our problem is that we want quick results. White collar crimes are difficult and time consuming to investigate.One cannot lay his hands on all cases in one go.A perception is one thing but to prove it in a court of law is another.I am not for good people to resign despite the difficult position they may be put in.They must continue to do their honest best to the overall good of the country.This is despite the fact that I know that to be honest and upright, and yet survive, is a very difficult task in the environment we live in.But somebody has to stand up.

  • Minhaj  On January 31, 2013 at 2:39 am

    Bokhari Sb,.
    AOA
    Your letter to the President, in my opinion falls under contempt of court. Yasmeen can endorse further. It would be advisable that the orders of the Supreme Court are upheld to uproot the corruption from the country. It is better that we remove corruption first from NAB, who is mandated for anti-corruption. It is high time that you look into yourself and come up with proper governance of NAB. If I remember correctly, you initiated a Good Governance document some time ago. I am sure it is handy. Pls. see if you can implement it for NAB. May Allah guide us to the right path. Amen
    Minhaj

  • Inamullah  On January 31, 2013 at 2:40 am

    Some time back Admiral Bukhari infomed the nation that daily 10 to 12 billion rupees corruption was going on in Pakistan but according to him during last 5 years NAB has recovered only Rs.25 Billions.It is very sad state of affairs.Admiral has no justification in his chest beating about his and NAB’s efficient working.Admiral Bukhari seems to be protecting Prime Minister Raja Pervez Asharf and others.Instead of obeying Supreme Court orders , he has started delaying tactics by challenging its orders and writing a letter to the President to show his loyalty to Asif Zardari rather than the country. …………………………………………..Inam Khan

  • Shahzad  On January 31, 2013 at 3:23 am

    This seems to be a smart move by Faseeh to evade Supreme Court’s directed investigation regarding Kamran Faisal death. His day-first stance and insistence on Faisal death as ‘suicide’ creates suspicion on him. by putting blame on Supreme Court’s involvement in NAB, he tries to move attention away not only from Kamran faisal death but also on rental power projects. This will also help him to deter SC to take any action against him.He will do his best to protect his political masters with their backing who awarded him such lucrative post as Chariman NAB.

  • Mansoor Mubeen  On January 31, 2013 at 5:15 am

    just imagine, that in order to determine the age of convict, instead of looking up at identification and education documents, the medical test is being conducted . with this type of police and prosecution, do you think it is possible to charge the prime minister with the help of NAB. the letter of NAB does not raise single valid objection, except that it is being told to do what it is supposed to do. so if it is being asked to perform its duty, it means that higher courts are indulging in politics and mal practices.

    mansoor

  • saifullah niazi  On February 4, 2013 at 7:09 pm

    What a Pity. This whole drama of NAB [incl present Chairman’s letter] Should be grounded. BEST Solution is Finish this NAB altogether. Its another hindrance in providing clear,free,fair justice.

  • http://www.fbi-gaming.com  On September 13, 2014 at 2:23 am

    Very good article. I will be dealing with a few of these issues as
    well..

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