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Wednesday May 08, 2024

PTI govt getting ready to amend NAB law

Asad Umar said Law Minister Farogh Naseem was presently working on the draft ordinance and by the next week the government may share the draft changes in NAB law with the opposition and

By Ansar Abbasi
April 26, 2020

ISLAMABAD: The government has decided to consult all the stakeholders, including the opposition parties, to amend the NAB law either through an ordinance or — if possible — by convening a session of the Parliament.

The Law Ministry is working on a new draft ordinance to bring back into the NAB law at least those changes (with amendments) which had vanished a few days ago because of the expiry of ordinance issued in December last year. The Federal Minister Asad Umar, who is among the ministers tasked with getting the NAB law amended as soon as possible, told The News that by the next week the government may share the draft changes in NAB law with the opposition.

He said Law Minister Farogh Naseem was presently working on the draft ordinance. Umar explained that in view of the coronavirus threat, issuance of an ordinance appeared to be the possible option but yet the government team will discuss if the opposition wanted the legislation through Parliament. The National Accountability (Second Amendment) Ordinance, 2019, promulgated in end-December having the usual 120-day constitutional life, had expired on Friday last. Consequently, the much-appreciated changes made to the NAB law by the PTI government to protect the public officeholders, particularly the civil bureaucracy and businessmen from the Bureau’s harassment, have elapsed.

Sources said Prime Minister Imran Khan wanted these changes in the NAB law back as soon as possible. The sources said the prime minister had not only directed the law minister to prepare a draft law for the new ordinance, but also assigned some of his cabinet members to hold discussions with the opposition and other stakeholders for evolving consensus over changes in the draconian NAB law.

Besides Asad Umar and Farogh Naseem, according to the sources, Babar Awan, Pervez Khattak and Shahzad Akbar are involved in the consultation process. Babar Awan met the premier on Friday and held a meeting with Speaker NA Asad Qaisar on Saturday on the same issue.

In case, the government and opposition continue to remain divided on the draft changes in the NAB law, the government will issue a new ordinance which by and large will be the replica of the one that expired a few days back. The National Accountability (Second Amendment) Ordinance, 2019, promulgated in end-December was primarily meant to infuse confidence in bureaucrats and encourage them to take decisions and avoid sitting on the files, affecting the government business.

The legal cover was provided to the actions of civil servants and public officeholders (politicians) done in good faith and in discharge of duties and performance of official functions if their decisions did not bring to them any monetary gain, and swelling their assets disproportionate to their known sources of income. Those amendments were introduced through a presidential ordinance after the government had realized that neither the businesses would work here nor the bureaucracy will serve unless the abuse of power by the NAB was checked by clipping its powers.

The government wanted to place the ordinance, now lapsed, before parliament for legislation but due to Covid-19 pandemic, it could not be summoned. The expiry of the ordinance has once again made the businessmen and bureaucracy vulnerable, as the NAB has now regained its powers that were grossly abused and led to a situation where the civil servants as well as the businessmen clearly told the government that they could not work in such an environment of harassment and blackmail.

Not only the businessmen and bureaucrats had complained to the prime minister against the abuse of power by the NAB, but they also separately met the Army Chief and sought his help to protect them from harassment.