NAB shy to go after corrupt generals, judges

ISLAMABAD: The National Accountability Bureau does no seem interested to extend it operation to Generals and Judges as the Bureau believes that going after judiciary members will compromise court’s independence whereas the armed forces have their own system of effectively checking corruption.

In its official website, the NAB while responding to the frequently asked questions said, “The armed forces have their own accountability process, which provides for strict action against cases of corruption. Moreover, the National Accountability Ordinance (NAO) does not provide for accountability of serving armed forces personnel.”

The NAB was asked, “Why are the serving armed forces personnel exempt from the accountability process?” To a question, “Why is the judiciary exempt from the NAB ambit”, the NAB responds, “There is Supreme Judicial Council, which decides allegations and misconduct cases in judiciary. Moreover, bringing the judiciary under an administrative action will amount to compromising its independence.”

In response to a question if Nab targets political opponents, the Bureau categorically denies this arguing, “Alleging NAB for preferential treatment or favourtism and its use as a political expedient by the Government does not bear the testimony to facts. Bureau cannot restrict anyone from taking part in the political activities till the time the case is under investigation or prosecution in court.”

It is explained that under NAB’s purview come the crimes relating to corruption and corrupt practices, misuse and abuse of authority, assets beyond known sources of income. The NAB added that under the law, the NAB’s role is only limited to investigation and prosecution of cases in the courts.

About its own independence and neutrality, the NAB says, “NAB is as independent as any other constitutional body in the country. It is rather more independent of political pressures as it is only answerable to the President of Pakistan which is an apolitical institution.”

About the Chairman NAB, the Bureau says that the NAB Chief does not report to anyone. The NAB law, it is said, does not lay down any reporting system except the Annual Performance Report, which is mandatory to be presented to the President of Pakistan by 30th March, every year.

About across the board accountability, the NAB insist that it follows a policy of fair, impartial and across the board accountability. It added that cases are inquired and investigated by NAB on pure merit and do not bear any special preference or prejudices of political victimisation against any individual.

The Bureau rejected the impression that NAB has failed to deliver and thus it is on a downhill road. Defending the policy of plea bargain, the NAB said, “There is a misconception about the ‘Plea-Bargain’. The concept has been borrowed from the American Criminal Practice Code where Attorney General is vested in discretion of prosecution and even dropping of charges. However, with reference to NAO, the Plea Bargain option is exercised by the accused at his own accord, It is a plea of guilty in exchange for lesser punishment, Such a person is disqualified from holding public office and obtaining loan from bank. Being deemed to be guilty only sentence of imprisonment is waived. The allegation of discrimination while deciding plea bargain amount in not true also as this matter is decided by plea bargain committee comprising of banking and legal experts.”  

When asked that NAB was initially created to catch the “Big Fish” but it has been unsuccessful, the Bureau responded, “Court convictions of large number of high ranking politicians, bureaucrats and businessmen through effective investigation and prosecution of bureau has no parallel in the anti-corruption history of Pakistan. Nearly in all cases, the Big Fish were prosecuted.”