Ministry decides to hand over inquiry to NAB

ISLAMABAD: Raising questions on the capacity of the Federal Investigation Agency (FIA) in probing procedural, technical and financial irregularities of mega projects, the Ministry of Water Resources has decided to hand over inquiry of Kachhi Canal Project to the National Accountability Bureau (NAB), sources close to the Minister for Water Resources told Business Recorder.

Sharing the details, sources said, the federal cabinet, in its meeting held on May 28, 2019 decided to refer the fact-finding inquiry conducted by a three-member committee, headed by Justice Tassaduq Hussain Jillani (retired) of the Supreme Court, for further probe by the FIA. The fact-finding inquiry committee was constituted on the directions of the Council of Common Interests (CCI) in its meeting held on February 29, 2016.

In compliance of the decision, the report of the committee was sent to the FIA on June 10, 2019.

In the meanwhile, the director, NAB, Multan approached the FIA to transfer the record of the package-IV of the Kachhi Canal as the matter is already under inquiry with the NAB.

The FIA, in its letter on January 15, 2020 requested the Ministry of Water Resources to solicit advice of the Cabinet Division in regard to transfer of the inquiry file as demand by the NAB.

The FIA has further requested to engage professionally competent engineers and project management staff to evaluate the nature and extent of the criminal liability, and accordingly apportion the blame of the WAPDA staff of all tiers.

The FIA was entrusted the inquiry of all the packages of the Kachhi Canal Project, while the NAB, Multan is seized of the investigation to the extent of the package-IV of the project.

Package-IV is part of phase-1 of the project, which pertains to construction of 129 km carrier canal in the Dera Ghazi Khan.

The request of the FIA was forwarded to the NAB headquarters, Islamabad on February 3, 2020, which in response, has directed to transfer the inquiry to it as stipulated under Section-18(d) of the NAB Ordinance, 1999.

The matter has also been examined in the Ministry of Water Resources in regard to the capacity of the FIA to probe into procedural, technical and financial irregularities of huge magnitude during execution of the project.

The FIA, after lapse of almost 10 months, has come up with a proposal to engage a third party consultant to facilitate the agency in carrying out technical scrutiny of the contract, procurement and verification of physical work at site.

Perusal of the set queries will reveal that the FIA is handicapped in undertaking the assigned task, which involves critical evaluation of procurements processes, financial and physical progress vis-à-vis payments made to the contractor and determination of loss to the government.

The project is under investigation since February 29, 2016 when the CCI decided to conduct inquiry into irregularities and corruption of the Kachhi Canal Project.

The Inquiry Committee fixed only collective responsibility instead of apportioning nature and extent of individual liability of all those involved in the various phases of approval process and implementation.

The FIA, in view of its limited capacity to investigate mega development project, would further delay the accountability process.

The chairman NAB is empowered under Section-18(d) of the NAO, 1999 to transfer any inquiry from any authority to the NAB.

The Ministry of Water Resources is of the view that non-availability of requisite professional skills and technical expertise in the FIA to investigate multidimensional irregularities and corruption in the Kachhi Canal Project.

As the federal cabinet decided to get the inquiry conducted by the FIA, it may like to review its earlier decision of May 28, 2019 with the direction to transfer the inquiry of all the remaining packages of the Kachhi Canal Project.

Ministry of Water Resources apprised the prime minister through a summary on March 5, 2020 who has directed, in terms of Rule-16(m) of the Rules of Business, 1973 to place the matter before the cabinet for decision.—MUSHTAQ GHUMMAN