Who spoiled govt’s effort to change NAB law?

ISLAMABAD: The Pakistan Tehreek-e-Insaf suspects a serious foul play behind sudden appearance and circulation of a fake draft purported as a government bill that undermined its efforts to fix anomalies in the accountability regime.

According to a cabinet source, the issue of NAB amendments has been pushed to the backburner yet again. Now the government will see after Eid what could be done. The PTI government had recently decided to consult all stakeholders including the opposition parties to amend the NAB law either through an ordinance or if possible by convening a session of Parliament to carry out the required legislation.

On the direction of Prime Minister Imran Khan, the Law Ministry was working on a new draft ordinance to bring back in the NAB law at least those changes (with amendments) which have vanished recently because of the expiry of the Presidential Ordinance issued in December last year.

A high-level government committee was constituted comprising Asad Umar, Farogh Naseem, Babar Awan, Pervez Khattak and Shahzad Akbar, while National Assembly Speaker Asad Qaiser was also engaged to get the law amended within a fortnight time.

The committee was assigned not only to consult the government allies but it was mandated to contact the opposition parties as well to reach a consensus on the nature of amendments to be brought into the NAB law.

However, before the Law Ministry could finalise its draft changes even for the consideration of the government committee, a document shown as “final draft” suggesting massive changes in the NAB law started widely circulating on the social media. Mainstream media also published stories on the basis of “final draft”, which was generally perceived as government’s draft.

According to a cabinet member, who was involved in the consultation process, the document containing “final draft” was nothing but a fake news. He said that the wide circulation of the fake document on social media as government’s draft, changed the situation in favour of those who are opposed to even making positive changes in NAB.

On one hand the fake draft brought pressure for the government from within the PTI for containing massive changes to turn the NAB into a toothless organisation- considered by many a complete deviation from PTI’s high promise of accountability. On the other hand, the fake law draft raised high hopes for the opposition, which demands far more than what the government can offer on the issue of NAB law changes.

The government wanted to make changes in the law either through a Presidential Ordinance or by engaging the opposition parties and Parliament within few weeks of the expiry of The National Accountability (Second Amendment) Ordinance 2019, which was promulgated in end-December having the usual 120-day constitutional life.

The expired ordinance contained much-appreciated changes made in the NAB law by the PTI government to protect public office-holders, particularly the civil bureaucracy, and the businessmen from Bureau’s harassment.

The National Accountability (Second Amendment) Ordinance 2019, was primarily meant to infuse confidence into the bureaucrats and encourage them to take decisions and to not sit on files, affecting the government business.

The legal cover was provided to the actions of civil servants and public office-holders (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, swelling their assets disproportionate to their known sources of income.

These amendments were introduced through a Presidential Ordinance after the government had realised that neither the businesses would work nor the bureaucracy will serve unless the abuse of power by NAB is checked by clipping its powers.

The government wanted to place the ordinance, now lapsed, before Parliament for legislation but due to COVID-19 pandemic, Parliament could not be summoned.

The expiry of the December 2019 ordinance has once again made the businessmen and the bureaucracy vulnerable as the NAB has now regained its past powers that have been grossly abused and led to situation where the civil servants as well as the businessmen clearly told the government that they cannot 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 NAB but they also separately met the Army Chief and sought his help to protect them from harassment.