The Cabinet Division Friday issued notification to constitute Commission of Inquiry under Section 3 of the Pakistan Commission of Inquiry Act, 2017.
The commission, already approved by the federal cabinet, is headed by Hussain Asghar, a retired BS-22 officer and currently serving as National Accountability Bureau (NAB) deputy chairman, and comprising members from NAB, FIA, IB, SBP, ISI, SECP, FBR, representative of Accountant General Pakistan Revenue, representative of Military Intelligence and special secretary from Finance Division as a secretary.
The commission will be empowered to engage any person from the public and private sector, locally or abroad, as a member, consultant or advisor for assistance.
The terms of reference of the commission of inquiry will be as following:
a. Determination of significance of major infrastructure or public sector development works conducted from the year 2008 and commensurate them with the increase in public debt from Rs 6,690 billion to Rs 30,846 billion till September 2018.
b. To inquire/investigate about the award or implementation of any contract/agreement or project and whether any debt was taken for a particular project/undertaking and the same was then spent/expended on the corresponding project/undertaking, or, otherwise.
c. Whether the terms and conditions of any public contract were tainted or benevolent or artificially inflated to facilitate any kickbacks? If so, in whose favour?
d. Whether any holders of public office or their spouses, children and any persons connected to them expended any public funds so as to meet personal or private expenditures, beyond what has been permitted under the law and rules.
e. Whether the cap prescribed under the Fiscal Responsibility and Debt Limitation Act, 2005 has been busted? if so, the reasons and justifications thereof.
f. Whether the amendments, if any, in the 2005 Act were in keeping with the spirit of Article 166 of the Constitution, or, otherwise.
g. Forensic and special audits be conducted through any reputed international or local auditor or set of auditors in order to determine the real nature, scope, volume, cost in trail of the investments or expenditures of the federal government (or any part thereof ) from February 2008 to September 2018.
h. To fix responsibility in respect of the above, and to refer any irregularity or illegality found for investigation and prosecution to relevant agency/department.
An appropriate budget shall be sanctioned, which the commission will be entitled to utilize and spend it in its discretion so as to meet the expenditure. The commission will give its final report within six months of its formation, with periodical interim reports on monthly basis. The time limit mentioned above may, however, be extended with the prior approval of the prime minister, according to the notification.
