Across-the-board Ehtesab may remain a far cry

ISLAMABAD: Introduction of across the board accountability (ehtesab) system may remain a far cry as the ruling PML-N appears hesitant to include military and judiciary in the revised accountability system.

While the opposition generally demands for the revision of NAB law to ensure across the board accountability system for all, the PML-N government is reluctant fearing “reaction” from military and judiciary.

Informed sources said that in the newly constituted parliamentary body for overhauling of the NAB law, a government MP strongly supported the idea of new system for across the board accountability. However, later he was warned that he is stepping in danger zones.

Recently the National Assembly Secretariat formed a committee to revisit the National Accountability Ordinance, 1999. The Parliamentary Committee, set up for the purpose, with 20 members was formed by the Speaker NA after consultations with the Senate chairman and leaders of parliamentary parties.

According to the terms of reference, the committee will revisit the National Accountability Ordinance 1999 and recommend necessary amendments to it. The committee has been tasked to present its report within three months.

Last year, the Senate through a unanimous resolution endorsed the recommendations of a house committee which had also unanimously sought the revision of accountability system to cover military and judiciary. One set of accountability system was proposed for all by the committee.

Only recently, the Senate Chairman Raza Rabbani in an open letter urged the need for holistically reviewing the existing accountability system to effectively check corruption in all institutions.

Rabbani’s well researched letter explained that Pakistan is having six anti-corruption agencies, two at the federal level and four at the provincial level, which instead of checking corruption has furthered inequalities and structural imbalances within the state.

The Chairman Senate said that there is one set of rules and laws for the ruling elite, second for the ruling civilian elite, third one for the collaborators of the ruling elite, fourth for the rich and the powerful and fifth for the ordinary citizens of Pakistan.

Pointing out the basic flaw in the present accountability system, he said, “Accountability agencies are working under the dominance of Government; these agencies are used for political victimization; there is no mechanism for accountability of said agencies resulting in unbridled powers; the stand alone attempts to curb the menace of corruption have failed to achieve the desired results.” In view of this situation, he proposed “Federal Commission for Accountability” to ensure that menace of corruption is nipped in the bud and accountability is across the board, therefore.

He proposed, “Federal Commission for Accountability — one authority, one law.” Consequently all other parallel forums for accountability shall cease to exit. He, however, clarified that forums for disciplinary actions and other related matters for persons belonging to judiciary, armed forces and bureaucracy will remain functional but accountability will be the exclusive domain of the Commission.

Regarding the composition of the Commission, Rabbani proposed that its members include a sitting Judge of the Supreme Court, to be nominated by the Chief Justice of Pakistan; one member from Armed Forces, not below the rank of Lieutenant General, to be nominated by the Joint Chiefs of Staff Committee; one member from Civil Services, the senior most serving Grade-22 officer; one member from Police and Civil Armed Forces, to be nominated by the Ministry of Interior; four members, one each from Bar Associations, Human Rights Activists, journalists and professionals, to be nominated by the Chairman Senate, Speaker National Assembly and Chief Justice of Pakistan; four members of Parliament, equally from both Houses and half from treasury and half from Opposition Benches, to be nominated by the Chairman Senate and Speaker National Assembly, respectively.

Chairman of the Commission will be elected by the members -- term three years -- nomination to be ratified by both the Houses of Parliament within 45 days.

Regarding the Commission’s jurisdiction, the Raza Rabbani recommended, “Jurisdiction: One law, one authority -- the Commission shall have jurisdiction with respect to:- Public Office holders; Persons in the Service of Pakistan (in relation to the federation or the province, as the case may be); Judiciary (matters of corruption and corrupt practices to be taken up by the Commission and other matters to be taken up by the Supreme Judicial Council); Armed forces (matters of corruption and corrupt practices to be taken up by the Commission and all other matters to be dealt with under the relevant laws); Any other person (body, corporate, entities, firms, etc.)

As per Rabbani’s proposal, the fully independent and autonomous NAB will work under the supervision of the Commission whereas the jurisdiction of FIA in corruption cases will be omitted. Accountability Courts are proposed under the administrative control of Supreme Court of Pakistan.