Plea bargain to bring lifetime ban

Voluntary return also to cause permanent disqualification; Dar says Section 25-A of NAB Ordinance 1999 to be amended and laid in the Senate tomorrow; under new law all provisions about plea bargain and voluntary return to be merged

ISLAMABAD: The government has decided to amend the Section 25-A of the National Accountability Ordinance 1999 after which court permission will be necessary for the voluntary return or plea bargain.

“The person found involved in corrupt practices would be banned for life from holding any public or government office,” Minister for Finance Ishaq Dar said while addressing a press conference here.

Minister for Law and Justice Zahid Hamid, Minister for Information Technology Anusha Rehman, and Special Assistant to the Prime Minister on Law Barrister Zafarullah were present on the occasion.

Earlier, the person opting for plea bargain was disqualified from holding public or government office for 10 years, but this law would ensure lifetime ban on corrupt elements.

Dar said there had been specific observations for long time about the Section 25-A (Voluntary return and plea bargain) and the Supreme Court had also asked the attorney general about the government’s stance on the issue.

He said Prime Minister Muhammad Nawaz Sharif had assigned the task for reviewing this law and cabinet approval had also been obtained to amend the 25-A.

“The ordinance will be issued today before 12am in this regard which will help take effective actions against corrupt elements,” said the minister.

The Section 25-A says: “Where a holder of public office or any other person, prior to the authorization of investigation against him, voluntarily comes forward and offers to return the assets or gains acquired or made by him in the course, or as the consequence, of any offence under this Ordinance, the Chairman NAB may accept such offer and after determination of the amount due from such person and its deposit with the NAB, discharge such person from all his liability in respect of the matter or transaction in issue; provided that the matter is not sub judice in any court of law”.

The minister said prior approval of court would be mandatory before striking any such deal. He said the convicted person would also have to face a lifetime ban to hold any public or government office. 

He said the government was very sincere in eliminating corruption, following which the ordinance was being promulgated in this regard.

“It would have taken time if this legislation was enacted through a bill; the government decided to promulgate an ordinance for immediate and effective action against corrupt elements.”

Dar said a 20-member parliamentary committee had already been constituted to review the NAB related laws which would further review it and everything will be finalised through consensus.

“This ordinance will be laid in the Senate on Monday and it is the prerogative of parliament to bring more changes to the law,” the finance minister added.

Minister for Law and Justice Zahid Hamid termed the ordinance ‘historical’ and in line with the manifesto of PML-N government, which had determined zero tolerance policy against corruption.

He said all provisions under this new law about plea bargain and voluntary return would be merged. 

Zahid Hamid said several resolutions were adopted in the Senate and the National Assembly to root out corruption and this law would be revisited by the Law Review Committee for similar purpose.

The parliamentary committee, he said, would further review the NAB laws.

Barrister Zafarullah said the proposed law was very much strict compared with other countries’ in the region and it will help root out corruption.

Anusha Rehman said the PML-N was committed to a unified policy against corruption. 

“Our policies reflect our commitment against this menace and the Law Review Committee would further revisit the NAB laws for improvement in them,” she added.