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WEEKLY
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Saturday, October 06, 2007
NAB powers clipped; all cases before Oct 12, 1999 stand withdrawn; no sitting MP can be arrested directly; president promulgates National Reconciliation Ordinance
By Shakil Shaikh
ISLAMABAD: President Gen Pervez Musharraf on Friday promulgated the much-talked about National Reconciliation Ordinance, which provides across-the-board indemnity to alleged corruption and corrupt practices by politicians and holders of public offices in the past.
Under the ordinance, cases of corruption against public office-holders would be withdrawn and no public office-holder would be arrested in future in corruption cases and powers of the chairman National Accountability Bureau have been considerably clipped.
The federal and provincial governments are empowered that they may, before the judgment is pronounced by a trial court, withdraw from the prosecution of any person, including an absconding accused who is found to be falsely involved for political reasons or through political victimization in any case initiated between January 1, 1986 to October 12, 1999.
For this purpose of exercising powers, the federal and provincial governments may each constitute a review board to review the entire record of the case and furnish recommendations as to their withdrawal or otherwise.
The review board, in case of the federal government, shall be headed by a retired judge of the Supreme Court with the attorney general and the federal law secretary as its members while in case of a provincial government, it shall be headed by a retired judge of high court with the AG and/or the prosecutor general and the provincial law secretary as its members.
Following its approval by the Federal Cabinet, President Musharraf signed and issued the “National Reconciliation Ordinance, 2007” aimed at promoting national reconciliation, fostering mutual trust and confidence amongst holders of public office and remove the vestiges of political vendetta and victimization, and to make the election process more transparent.
Chairperson of Pakistan People’s Party Benazir Bhutto gave her concurrence to the NRO, as she herself, her spouse Asif Zardari and several key PPP leaders would be the major beneficiaries of it.
This Musharraf-Bhutto deal would be remembered as “marriage of convenience”. Under the provision of this ordinance, the NAB chairman shall not be able to arrest any sitting member of the Parliament or a provincial assembly unless he secures the consent of the Special Parliamentary Committee on Ethics, both at the federal and provincial levels. The NAB chairman will have to produce entire material and evidence before the committee.
It says: “No sitting member of Parliament or a provincial assembly shall be arrested without taking into consideration the recommendations of Special Parliamentary Committee on Ethics or Special Committee of the Provincial Assembly on Ethics, before which the entire material and evidence shall be placed by the chairman NAB.”
The special committee will consist of a chairman who shall be a member of either House of the Parliament and eight members each from the National Assembly and Senate to be selected by the speaker National Assembly and the chairman Senate, respectively, on the recommendations of the Leader of the House and the Leader of the Opposition of their respective Houses, with equal representation from both sides.
Similarly, the provincial committee will consist of a chairman and eight members to be selected by the speaker of the provincial assembly on the recommendations of the Leader of the House and the Leader of the Opposition, with equal representation from both sides.
Immediately, all cases, investigations and pending cases, in any court, including the superior judiciary, before October 12, 1999 against holders of public offices stand withdrawn and terminated forthwith and such holders of public office shall also not be liable to any action in future as well under this ordinance for acts having been done in good faith before the said date.
This is taken as giving “clean chit” to all such politicians including Benazir and Asif Zardari and others will get immediate relief from it and they would not be arrested on their return to Pakistan on October 18.
The ordinance also provides relief to those who were awarded penalty in absentia. It says: “An order or judgment passed by the court in absentia against an accused is void ab initio and shall not be acted upon.”
However, those proceedings shall not be withdrawn and terminated which relate to cases registered in connection with the cooperative societies and other financial and investment companies or in which no appeal, revision or constitutional petition has been filed against final judgment and order of the court or in which an appellate or revision order or an order in constitutional petition has become final or in which voluntary return or plea bargain has been accepted by the chairman NAB under section 25 or recommendations of the conciliation committee have been accepted by the governor State Bank of Pakistan under Section 25-A.
This NRO has introduced major amendments in the Code of Criminal Procedure 1989, NAB Ordinance, and Representation of the People Act 1976.
In the realm of fairness in elections, Section 3 of the NRO says: “After consolidation of results, the returning officer shall give to such contesting candidates and their election agents as are present during the consolidation proceedings, a copy of the result of the count notified to the commission (Election Commission) immediately against proper receipt and shall also post a copy thereof to the other candidates and election agents.”
In this law, it has been provided that no action or claim by way of suit, prosecution, complaint or other civil or criminal proceeding shall lie against the federal, provincial or local government, the NAB or any of their offices and functionaries for any act or thing done or intended to be done in good faith pursuant to the withdrawal and termination of cases under sub-section (1) unless they have deliberately misused authority in violation of law.
Asim Yasin adds: Earlier, the Cabinet in a special meeting here on Friday approved National Reconciliation Ordinance, 2007, (NRO) that was immediately sent to President General Pervez Musharraf for his assent for promulgation.
Addressing the cabinet meeting, Prime Minister Shaukat Aziz described the NRO as an important step in creating an atmosphere of tolerance and harmony in national politics, free of vendetta and polarization that marred the national political scene in the decades of 1980 and 1990.
He highlighted the fact that the proposed ordinance includes important elements to ensure transparency of the election process.
He said his government was proud of the fact that it took this decision in the best interest of the country where the election process had in the past been subjected to accusations and counter accusations.
The premier referred to the provision of the special Parliamentary Committee on Ethics in the ordinance under which no sitting MP shall be arrested without taking into consideration the recommendation of the committee on ethics. “This would reduce harassment of political opponents under the pretext of accountability as has been witnessed in the past,” he added. The prime minister also reiterated the resolve of the ruling alliance to re-elect President Pervez Musharraf for a second term in the presidential election being held today.
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Briefs...
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ISSN 1563-9479 
