Reforms sought in judicial process of NAB cases

ISLAMABAD: In an open letter addressed to LHC CJ Aalia Neelum, the activist group “Injustice Alert,” consisting of former under-trial prisoners, has called for immediate reforms in the judicial process concerning NAB cases.

The group points out that NAB has been abusing its powers by converting corporate and commercial disputes into criminal cases, often leading to unjust detention of innocent people.

The letter highlights inefficiencies in handling NAB-related matters, which have reportedly allowed the bureau to operate with minimal accountability.

The letter underscores the need for appointing fearless judges with a deep understanding of corporate and criminal law to oversee cases of white-collar crime.

“We write today with great hope, as your honor is well known for being upright and passionate about judicial reforms,” the letter states.

The activists highlight that superior court judgments have acknowledged NAB’s misuse of authority, noting instances where civil disputes were wrongly framed as criminal cases. “This power was so excessively used that parliament had to amend the law in June 2022, clarifying that NAB is barred from taking cognizance of commercial disputes unless criminal intent is evident at the start of the transaction,” the letter adds.

The group proposes significant reforms for the High Court including: (i) specialised benches for NAB matters, i.e. cases involving NAB should be entrusted to single judges with expertise in corporate law (ii) widening judicial oversight, i.e. multiple High Court benches should hear NAB cases instead of a designated bench, similar to the practice in the Supreme Court, so as to prevent potential bias and (iii) the group points out that NAB law only requires final judgments to be placed before division bench whereas presently all NAB matters are being placed before a division bench which unnecessarily burdens the judicial system. Similarly, the group requests for considering corporate law expertise for appointments at accountability trial courts.

The group believes these reforms will not only curb the excessive delays but also ensure that corporate matters are distinguished from criminal activities. The letter purports to reflect the collective voice of those who have been directly affected by what they describe as NAB’s unchecked influence and calls on the judiciary to uphold justice with impartiality. This open letter adds to the growing public pressure for transparency and reform in NAB’s functioning, particularly as high-profile cases of the past years have brought to light gross misconduct by the anti-corruption body itself.