NAB’s whistleblower bill sent to cabinet for approval

ISLAMABAD: Following Prime Minister Muhammad Nawaz Sharif’s go-ahead, the Whistle Blower Protection Bill has been sent to the cabinet and will be introduce in the National Assembly if getting the cabinet’s nod.
According to sources, the National Accountability Bureau (NAB) in continuation of its efforts to check corruption has proposed a piece of legislation aimed at protecting the whistle-blowers – the people prepared to lift lid on corrupt practices in the country, said sources.
The draft bill would encourage a person – usually an employee in a government agency or a private enterprise – to disclose to the public or to those in authority of mismanagement, corruption or some other wrongdoings.
Whistle-blowing can best be described as an early warning system from within in controlling corruption at the prevention stage by taking timely action.
The proposed bill will encourage honest people who are courageous and prepared to expose corruption and will promote culture of transparency, integrity and accountability in the country, NAB believes.
Under the proposed law, it will be ensured that public interest disclosures are properly assessed, investigated and acted upon.
The sources said NAB chairman in January this year approached the Law Division to express his concerns that bribery, nepotism, embezzlement and misuse of authority was leading to socio-economic problems.
He stressed the need for encouraging people to stand up against corruption and proposed legislation for the protection of whistle-blowers which was also supported by the minister for law Senator Pervez Rashid.
Sources further said the prime minister had approved the draft ‘Whistle-blowers Protection Bill’ on the proposal of Ministry of Law, Justice and Human Rights and the NAB.
The proposed bill will now be presented before the federal cabinet for discussion and decision to further place it before the National Assembly.
Under the UN Convention Against Corruption (UNCAC), legislation on whistle-blowers protection is an obligation of Pakistan.
Under the proposed legislation, the federal government shall ensure that no person or a public servant who has made a disclosure under this Act is victimized by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry under this Act.
The competent authority may, if deems fit, call for further information from the person making the disclosure. In relation to member of federal cabinet, prime minister would be the competent authority.
In case of member parliament, the presiding officer of the respective house; in case member provincial cabinet, the chief minister; in case member provincial assembly, the speaker of the assembly, will be the competent authority and so on.
The draft says no action shall be taken on public interest disclosure by the competent authority if the disclosure does not indicate the identity of the complainant or public servant making public interest disclosure or the identity of the complainant or public servant is found incorrect or false, said the draft bill.
“Every disclosure shall be made in good faith and the person making disclosure shall make a personal declaration stating that he reasonably believes that the information disclosed by him and allegation contained therein is substantially true,” according to proposed draft of the whistle-blower bill.
The bill further says in case the complainant or public servant does not agree to his name being revealed to the head of the department, he shall provide all documentary evidence in support of his complaint to the competent authority and the head of the department shall not directly or indirectly reveal the identity of the complainant or public servant who made the disclosure.
According to the proposed Whistle-blower Bill, if the competent authority is of the opinion that the facts reveal either willful misuse of power or willful misuse of discretion or substantiates allegations of corruption or corrupt practices under National Accountability Ordinance 1999, it shall recommend to the public authority to take measures ranging from initiating proceedings against the public servant concerned, taking appropriate administrative steps for redressing the loss caused to the government as a result of corrupt practice to recommend to the appropriate authority or agency for initiation of criminal proceedings under the relevant laws for the time being in force, if so warranted by the facts and circumstances of the case.
Under this Act, ‘Public Authority’ means any authority, body or institution falling within the jurisdiction of the competent authority.
In case the competent authority decides to close the case, it shall before passing the order for closure of the case, provide an opportunity of being heard to the complainant, if the complainant so desires.
The competent authority shall not investigate any disclosure involving an allegation if the complaint is made after the expiry of seven years from the date on which the action complained against is alleged to have taken place.
The competent authority shall be deemed to be a civil court for the purpose of section 195 and chapter XXVI of the code of criminal procedure, 1898 and every proceeding before the competent authority shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 and for the purposes of section 196 of the Pakistan Penal Code, says the draft bill.
The competent authority if after conducting an inquiry is of the opinion that the facts and allegations contained in the disclosure are frivolous or vexatious or there are no sufficient grounds for proceedings with the inquiry, it shall close the matter. Any person who makes any disclosure mala fidely and knowing that it was incorrect or false or misleading shall be punishable with imprisonment for a term which may extend up to two years and also to fine which may extend up to fifty thousand rupees, the bill suggests.