Latest major changes in NAB law already declared un-Islamic by CII

ISLAMABAD: The latest ordinance issued to amend the NAB law includes some major provisions, which have already been declared as un-Islamic by the Council of Islamic Ideology (CII).

In January 2020, the CII, following two-day deliberations, under its incumbent Chairman Dr Qibla Ayaz, had declared that turning a suspect into an approver is un-Islamic.

Similarly, the Council had also announced that it was not a responsibility of the suspects to prove their innocence, but the authority had to prove the charges framed against them. Keeping a suspect in custody for a longer period without getting any result of filing a case was also declared against the Islamic principles.

The latest amendment to the NAB law introduces the provision of approver. The amendment allows the NAB chairman, at any stage of inquiry, investigation or trial, tender a full or conditional pardon to such a person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relating to the said offence, including the names of the persons involved therein whether as principals or abettors or otherwise.

The amended law now also puts the burden on the accused to prove his or her innocence. The ordinance issued a few days back also extended the 14-day remand period of an accused to 30 days, which is further extendable to 90 days following court’s permission. In January 2020, the CII met to review the PTI government’s ordinance issued in 2019 to amend the NAB law. The CII had found several sections of the NAB Ordinance against the teachings of Islam. Such sections were also described as below human dignity. Following the CII meeting, Council Chairman Dr Qibla Ayaz held a press conference and announced that the option of plea bargain and turning of suspects into approvers were also against Shariah. It was announced that the NAB law was not compatible with Islamic laws on crime and punishment.

He is reported to have said that the council members even termed NAB practices inhuman, including handcuffing of suspects irrespective of their status in society and eventually many of them are allowed to go free as NAB fails to prove charges against them in a court of law. “We discussed the dignity of individuals and it was observed that handcuffing suspects and airing footage of the arrested person on media are un-Islamic,” said Dr Ayaz during Imran Khan’s tenure.

The chairman was also quoted as saying that the council had also observed that it was not the responsibility of suspects to prove their innocence, but the authority had to prove the charges framed against them, adding that keeping a suspect in custody for a longer period without getting any result or filing a case was also against the Islamic principles. The CII 2020 deliberations show that the-then Imran Khan government had also introduced similar amendments, as introduced a few days back, to fix its opponents. Now the PDM government is alleged to have made the latest changes in the NAB law to fix Imran Khan. The law minister, however, in Shahzaib Khanzada’s talk show on Monday night, denied that these amendments are Imran Khan-specific.