Draft rules more stringent than NAB law

ISLAMABAD: Flexible timelines, which the National Accountability Bureau (NAB) chairman or an officer designated by him, is empowered to extend, have been fixed for complaint verification and completion of inquiries and investigations by the anti-graft watchdog in its draft rules submitted to the Supreme Court.

A reading of the rules establishes that they are more stringent than even the National Accountability Ordinance (NAO), 1999 on the force of which they have been framed.

Since its creation by Gen Pervez Musharraf more than two decades ago, the NAB has been working without the rules that it was obligated to formulate under the NAO. Superior courts repeatedly took notice of nonexistence of the rules and finally the Supreme Court directed that they should be prepared and submitted to it.

Arrest of the accused has been provided during inquiries and investigations but no detention has been mentioned during the complaint verification stage. The chairman may even bypass a decision taken by the executive board, which is disallowed to restrict his powers in any way.

The rules say all complaints received by the complaint cell will be placed before the regional board concerned within one month of their receipt. The board will take appropriate decision in this regard to deliberate and decide appropriate action under the NAO. If cognizance is taken, the complaint verification process will be completed within eight weeks. A report will be submitted to the board for appropriate action in accordance with the NAO. In case of non-cognizance by the board, the complaint will be accordingly notified. In case of an affirmation decision, it will be converted into an inquiry and processed in accordance with the prescribed procedure.

The NAB may take cognizance of any suspected offence under the NAO. The complaint received will be entered in the diary on a daily basis to avoid duplication. The complaint not falling under jurisdiction of a NAB office after diary operation will be forwarded to the NAB region concerned. Similarly, the complaint cell at the NAB headquarters will forward all the received complaints to the regions concerned having jurisdiction for possessing them in accordance with general guidelines.

The rules say the IO will finalise the investigation within four months as prescribed in the general guidelines, also prepared by the NAB chairman, and place it before the board. However, the competent authority [regional director general empowered by the NAB chairman] may extend the timeline, if deemed necessary.

And change of IO may take place on the orders of the competent authority, which may extend the period of finalising the investigation by two months provided the chairman agrees. The competent authority, in case of an affirmative opinion on an inquiry after fulfilling the requisite formalities, may at this stage also pass appropriate orders including arrest if deemed necessary. The inquiry may be completed within the period of four months. However, the competent authority may in exceptional circumstances extend the period by one month. The NAB chairman will, however, be empowered to extend the period of inquiry by three months after assigning reasons.

The IO will maintain a complete case diary, gather all incriminating material, statement of witnesses and fulfill all procedural requirements to complete all prerequisites required to convert an inquiry into investigation. In case of a negative finding, he will recommend closure of inquiry and submit a written report with reasons and recommendations.

In case the competent authority after completion of investigation is satisfied that there is sufficient incriminating material, it will proceed to file a reference provided that before doing so the deputy prosecutor general and the IO concerned will issue a certificate containing the details and basis on which reference is suggested.

The competent authority may accept or reject the reasons given, and in case of disagreement, it will give its own reasons, which will be placed before the NAB chairman for final decision for filing of reference or otherwise. The chairman’s decision will be final regarding filing or non-filing of reference after fulfilling codal formalities. It will not be called into questions by any authority in the NAB.

The executive board will be the consultative/advisory body and its constitution in no way will restrict any of the powers bestowed upon the chairman under the NAO and the decisions taken therein will be expressly communicated to its members.

A regional board will also in no way restrict any of the powers delegated to its director general by the chairman under the NAO. The executive board will comprise the chairman, deputy chairman, prosecutor general and any other NAB officer who may be notified by the chairman.

The chairman may from time to time notify the board for deliberations subjects like authorisation/closure of inquiry/investigation; approval of reference; voluntary return/plea bargain cases; and policy matters.