‘wilful default’- High Court pointed out the steps to be taken by the Investigating Officer for ascertaining whether the cases against the accused were that of ‘wilful default’-Proper investigation in the cases and in-house accountability system was emphasized by the High Court with observations that poor investigation would lead to poor results in an adversarial system and even good laws would become bad laws when badly implemented-Patriotic organizations had to set ideals before themselves which had to be followed with discipline and steadfastness. Statements of the Investigating Officer, in the present case, were disappointing rather shocking. It is unfortunate that the Investigating Officer who investigated all these cases acted so callously and did not even bother to collect the statement of the accused or record his defence version or to visit the spots or gather sufficient evidence for ascertaining whether these were cases of wilful default. Nobody checked as to what the Investigating Officers were doing and this had happened at various levels. Such Investigating Officers if allowed to work in an organization as the NAB, would only bring havoc to the institution with tall claims as reflected in the Preamble of the law and would destroy all the national aspirations of bringing the corrupt to accountability. It is essential for NAB to engage fair-minded economic experts so that experts or Chartered Accountants formed independent and fair views with respect to liabilities in such cases. Leaving the investigations to a person as happened in these cases, surely meant frustrating rather defeating the legal requirements and thus the ends of justice. In all the future references with respect to companies etc. a certification of the Governor of the State Sank of Pakistan was to be obtained first. It would be proper for NAB to appoint experts for scrutiny of even the pending cases if they were not at the stage of disposal so that the ends of justice were met. After all a State exits for the good of its people. NAB as a National Institution will be respected by the people of Pakistan more when justice is assured to all and not otherwise or merely because of its clout. An institution has a great mandate which is highlighted in the preamble of its law and that ideal has to be saved from destruction and has to be taken care of faithfully in the national interest. Proper investigation and an in-house accountability system was emphasized. Poor investigations will lead to poor results in an adversarial system and even good laws will become bad laws when badly implemented. Patriotic organizations have to set ideals before themselves which have to be followed with discipline and steadfastness. This is only possible if there is also accountability within the system so that the system weeds out the undesirables, otherwise the Anti-Corruption Act of 1947 was a better drafted law but because of its poor implementation it failed to come up to our expectations. High Court recommended that an inquiry be ordered for ascertaining is to why the Investigating Officer in this case acted so callously and had no regard to his responsibility under the law and thereafter to proceed in accordance with law. Khan Asfandyar Wali and others v. Federation of Pakistan through Cabinet Division, Islamabad and Others PLD 2001 SC 607 and Mrs. Shahida Faisal v. Federation of Pakistan PLD 2000 Lah. 508
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