Sweeping amendments to accountability law: Two months left for appointment of next NAB chief under ordinance

ISLAMABAD: Sweeping amendments inserted in the National Accountability Bureau (NAB) law have either been made operational, are in the process of being implemented or have not been enforced so far while the legislation issued by the executive has been left with a life of two more months.

The ordinance was promulgated on Oct 6 having a 120-day life till Feb 6 under the Constitution. Until now, it has not been tabled in parliament for approval, according to the official website. If it doesn’t earn parliamentary approval or is shot down by a disapproving resolution by the Senate or the National Assembly, it will die an instant death. The National Assembly can extend the ordinance for another 120 days only once. The opposition parties are waiting for the presentation of the ordinance in the Senate so that they can rush to pass a disapproving motion.

The fate of the ordinance also hinges on the judgment of a superior court where it has been challenged. If it is cleared, all the actions taken till the verdict is pronounced will stand validated. But if it is struck down ab initio, they will be nullified.

The process of selection of a new NAB chairman may have to be completed before Feb 6 if the nomination is to be done before the expiry of the initial four months’ life of the ordinance. In case the two persons that must be consulted – Prime Minister Imran Khan and leader of the opposition Shehbaz Sharif – do not reach a consensus on any name, the lists of their recommended nominees would be forwarded to a bipartisan parliamentary committee, created by the ordinance for the first time since 1999, having equal representation of the ruling coalition and the opposition, for a decision. If the panel failed to choose anyone from the lists through unanimity or a majority, a deadlock will prevail and the NAB law provides no answer to a way out.

The second part of the ordinance related to the transfer of investigations, inquiries, and cases pending in accountability courts in which the accused public office-holders or bureaucrats have not been accused of having monetarily benefited and had been charged with committing procedural irregularities were to be transferred to the concerned departments, tribunals, commissions and ordinary courts to deal with them.

Since the ordinance was issued, confusion and uncertainty prevail in the accountability courts about the question of which NAB references are to be heard by them and which are to be sent to other institutions or judicial forums. The courts have been flooded with applications from accused persons with requests to transfer their cases to other departments as specified by the ordinance. The presiding officers of these judicial forums have not taken up such requests for disposal till the situation becomes absolutely clear to them through some explanation by NAB or the federal law ministry.

NAB Prosecutor General (PG) Syed Asghar Haider in a letter on Nov 29, which contained comprehensive guidelines, asked all the regional chapters of the anti-corruption watchdog and deputy PGs to provide the details of all references, proceedings, appeals, inquiries and investigations with a clear and unambiguous viewpoint whether to continue or discontinue them in the light of the ordinance to enable the NAB headquarters to proceed further in the matter.

The ordinance provides that the NAB law would not be applicable to matters pertaining to federal, provincial or local taxation, other levies or imports including refunds or loss of exchequer pertaining to taxation. Procedural lapses in any public or governmental work, project or scheme, unless it is shown that a holder of public office or any other person has been conferred or has received any monetary or other material benefits from that particular public or governmental work whether directly or indirectly, have also been exempted from the purview of the NAB law.

The third significant component of the amendments was that the incumbent NAB chairman will remain in place till the appointment of the new chief. This has been implemented as Justice Javed Iqbal, who under the previous law was to retire on Oct 8, is continuing in office.

The fourth part of the changes was that the present NAB head qualifies to be reappointed as the condition of non-extendable term was dispensed with by the ordinance. The process – consultations between the premier and opposition leader, and involvement of the parliamentary committee, if required - which will be employed for choosing the new head, will be applicable to Javed Iqbal as well.

The fifth key amendment empowered the accountability courts to grant bail to the accused persons. The trial courts have so far given bail to a couple of NAB detainees. More such pleas have been filed with the trial courts. The sixth component of the ordinance granted powers to the president of Pakistan to remove the NAB chairman on the grounds applied for the removal of a Supreme Court judge.

The seventh element of the amendments was that the president will hold consultations serving as a go-between with the prime minister and the opposition leader to pick the new NAB chairman. This process is about to start.