NAB powers

The judgment of the Islamabad High Court (IHC) on the powers of the National Accountability Bureau (NAB) chief to issue arrest warrants was eagerly awaited by he legal community and human rights activists. Now that its in, many have termed it a landmark verdict as it has clearly outlined the parameters of the NAB chief''s authority to arrest any accused. The honourable chief justice of the IHC had been questioning the ‘absolute powers’ of the NAB chairman in multiple cases. He raised similar queries in the cases of former interior minister Ahsan Iqbal and former prime minister Shahid Khaqan Abbasi. But the recent detailed ruling was issued while accepting the bail pleas of two officials of the Pakistan Telecommunication Authority (PTA). The chief justice has also highlighted loopholes in the investigations conducted by ‘poorly trained’ NAB officers who lack proper skills to probe white-collar crimes.

While asserting the primacy of fundamental human rights, the single-member bench comprising Chief Justice Athar Minallah dilated upon this important issue. Justice Minallah has termed the ‘unchecked powers’ of the NAB chairman as contrary to the rights guaranteed under the constitution of Pakistan. He also set certain guidelines to ensure the powers are used judiciously. It is noteworthy that earlier, a division bench comprising the CJ and Justice Miangul Aurangzeb had granted pre-arrest bail to the former PTA officials through a short order. The court has ruled that the power to incarcerate was not absolute and unfettered and must not be used arbitrarily and indiscriminately.

This verdict comes at a time when we have seen many complaints regarding NAB's powers, with there being growing allegations that NAB has become prone to use its powers recklessly. Which is why there have been calls for a detailed review of NAB powers and abuse of authority. This verdict by the IHC will strike a chord with all those who have been asking for a revision of NAB's detention powers. It must be stressed that the IHC's observations about a lack of professional expertise in NAB must be taken seriously as without proper training NAB investigations have proved to be below par. The most important thing the court has said is that while the corrupt should fear NAB the innocent should be confident they would not be wronged or be dealt with unfairly. It is hoped that this strong court verdict will alter the perception that NAB has acted vindictively in some cases so that the process of accountability can gain the trust of people across the country.