M Nadeem Bhatti
THE National Accountability Bureau (NAB) is a sovereign and constitutionally established federal institution responsible to make efforts against corruption and produce critical national economic intelligence evaluation against economic terrorism to the Government of Pakistan. The Constitution of Pakistan has granted NAB to launch investigations, manage inquiries, and issue arrest warrants against the person suspected in financial mismanagement, terrorism and corruption. Its powers have been expanded to bearing inquiry at a higher level by the Article 270-AA of the Constitution. Under the chairmanship of the honourable Justice (R) Javed Iqbal, NAB has recovered Rs.71bn by September 2019. The Institution (NAB) has been criticized by the Supreme Court of Pakistan for its mismanagement. Justice Jawad S. Khawaja of the Supreme Court criticized the institution for its practice of plea bargaining and described it as “institutionalized corruption.” As the judgment points out; the Bureau seems unwilling in proceeding against people on one side of the political divide even in respect of financial fraud of massive proportion while those on the other side are being arrested without providing any sufficient cause. He (Justice Khawaja) stated that some NAB officials warn dominating suspects before arrest to allow them sufficient time to escape.
An amendment in the National Accountability Bureau (NAB) law, through a presidential ordinance, has been done. The amendment not only fastens the powers of the NAB but also provides relief to dissatisfied businessmen, bureaucrats, and public office holders giving them rest from so-called harassment by the hands of the Bureau. It means that NAB will be able to catch only politicians – most probably unelected people from the opposition parties & no one else until has clear evidence against them. Many are questioning it while this amendment is being praised and welcomed mostly by those in the government. According to the amendment, the NAB Ordinance will no longer apply to matters (of persons and transactions) concerning federal or provincial taxation or imports.
After the notification of this amendment, “all pending inquiries and investigations were transferred to the respective authorities or departments which administer the relevant laws of taxation, levies or imposts in question. The NAB will also not be able to take any action against any holder of public office, until or unless it is shown that the holder has materially benefitted by gaining an asset which is out of portion to his known sources of income, or where such material benefit cannot be sensibly accounted for, and there is proof to confirm such material benefit. The government believed that the changes shall safeguard innocent civil servants and public office holders by stopping NAB from playing to the gallery as in actuality, these changes do not reduce the power but put the authority within legal control. Political parties in the Opposition claim that these amendments have been made to favour specific people in the government. According to them; rather than making such amendments, the government should eradicate NAB given its failure and political victimization.
After keeping in prison for 9 months, the supreme court of Pakistan has given the orders to release Mir Shakil-ur-Rahman on bail. The bail was approved by a bench consisting of honourable Justice Yahya Afridi& honourable Justice Qazi Amin under the supervision of honourable Justice Mushir Alam. The NAB has failed to prove its trial in Supreme Court and Mr. Meer got the bail. The question that arises here is; who will compensate about keeping him in prison for nine long moths. The other question is Mr. Meer is the owner of an effective institute and the head of fourth pillar of the State that’s called journalism and journalistic organizations across the country protested for his release but, if NAB captures a common man, then who will go to Supreme Court for his bail? The Supreme Court Bar Association should raise this important issue in the Supreme Court and should remove this NAB law that is totally against human rights.
By the remarks of Justice S. Khawaja, I came to know that the ongoing issues in NAB. The matter of concern is that the National Accountability Bureau is a reputed institution that was created for the betterment of the system. It has been doing a tremendous job since its creation. But from the past few years, any government elected for 5 years considers it as a part of its political party. They use the institution for their benefits and they take revenge on their rival politicians. The whole situation has become mice and cats. It is understood that after completing the tenure, today’s political party in power will be in opposition at that time and they will have to go through the same revenge as they are taking now. By doing this, politicians have forgotten their real take which is to serve the people do better for the country as well. Politicians should not take revenge by using NAB by taking things personally. The politics should stay at its limit and that will be in favour of everyone. The world is going too far in the field of technology. It is the need of the hour that the honourable Chief Justice of Pakistan (Justice Gulzar Ahmed) take notice of the situation and NAB should be given under the prime supervision of the Supreme Court of Pakistan so that the country can make productive progress in every field. The role of Supreme Court is highly appreciable in such cases.
—The writer is a senior social analyst & Chairman Pakistan Columnist Council.
