ISLAMABAD: The federal government will finalise next week the ordinance to amend the NAB law. Besides addressing the issue of the continuation of incumbent chairman Javed Iqbal, it will bring some good news for bureaucrats, businessmen and politicians, as the PTI government is considering to check the chairman’s unfettered powers to arrest an accused.
Informed sources say that because of the time constraint, the ordinance will allow for the continuation of the current chairman Javed Iqbal till a new appointment is made. The prime minister will also consult the leader of the opposition on making a new appointment or giving another term to the sitting chairman.
In a meeting with the prime minister, sources say, it has been agreed that as per the law the government must consult the leader of the opposition because Shahbaz Sharif might indeed be facing corruption cases but is not a convict. Thus, the government has distanced itself from its earlier policy of not consulting Shahbaz Sharif because he was facing NAB cases.
The sources say that the draft ordinance under consideration will not merely address the issue of the NAB incumbent chairman but will also bring some major changes to improve the accountability system.
The chairman’s discretionary power to issue arrest warrant against any accused without any check will be curtailed. The sources say that to ensure there is no misuse of power, there is a proposal to make the prosecutor general independent. After that, any arrest NAB wants to make will be done only after the NAB chairman and the prosecutor general agree to it. Unlike in the past, it will no longer be at the sole discretion of the chairman.
In case of arresting an accused, the reasons have to be written on the file. It is said that NAB would be encouraged to place the name of the accused it wants to probe on the ECL. The NAB chairman and the prosecutor general both have to ensure that when the accused cannot fly out of the country and has joined the investigation, why would NAB still need to arrest him.
The proposed changes as agreed would also bar NAB from probing and harassing public office holders, including bureaucrats and politicians, in cases where the decisions involved are taken at collective forums and not by individuals.
Matters relating to businessmen will also be out of the purview of NAB. The FBR and FIA have the mandate to deal with the issues of businessmen, whether relating to tax matters, money laundering or any other wrongdoing on their part.
To protect the bureaucracy and even other public office holders (including politicians) from NAB’s much condemned harassment, NAB will be barred from probing any matter involving procedural violations and decisions taken in good faith. NAB will be encouraged to probe only those matters in which it has concrete evidence of commissions or kickbacks against any bureaucrat and other public office holders.
According to the sources, the independence of the prosecutor general will also act as a check on the misuse of power by the NAB chairman and his DGs.
On the issue of the removal of the chairman and the prosecutor general, there is a difference of opinion among the government’s legal experts. Some believe that it should be clearly written in the law that in case of misconduct, the complaint against the chairman and prosecutor general would be referred to the Supreme Judicial Council. Others say that there is no need to name the Supreme Judicial Council and it is better to leave the provision vague.
