Watching the watchmen

March 31, 2019

NAB is under increasing scrutiny following the suicide of Asad Munir

Watching the watchmen

National Accountability Bureau (NAB) is once again under discussion for its alleged misuse of power. Opposition parties take it as "political engineering" to trap key politicians and bureaucrats.

In latest developments, NAB headquarter and its provincial chapters have focused on the top leadership of Pakistan People’s Party. While different inquiries are also underway against key leaders of the Pakistan Muslim League Nawaz (PMLN). Some cases are also under probe against the elite leaders of the ruling Pakistan Tehreek-i-Insaf (PTI), a move which opposition parties declare an "act of balancing".

In different cases, the NAB teams have summoned PPP chairperson Bilawal Bhutto Zardari, party co-chairperson Asif Ali Zardari, his sister Faryal Talpur and the party’s former and sitting chief ministers. NAB has also summoned PMLN’s former premier Shahid Khaqan Abbasi in a corruption case. Recently, a retired army brigadier Asad Munir quietly committed suicide in his house after NAB announced the opening of a 2008 case of allotment of a plot to Munir while he was serving at the Capital Development Authority (CDA). Munir was quite active on twitter, commenting independently on government and state’s policies and measures. Munir left a suicide note saying NAB had dishonoured him by opening an old case for no reason. Chief Justice of Pakistan Asif Saeed Khosa has taken notice of this incident and sought a detailed reply from NAB.

In a recent statement PPP Chairperson Bilawal Bhutto-Zardari publicly stated that NAB was being used for political victimization and political engineering. While NAB authorities have repeatedly denounced this idea saying that NAB is an independent body and works to eliminate corruption from the country. The ruling PTI also claims that they don’t have influence on NAB at all.

Other than carrying huge powers, NAB is also under criticism for its failed prosecution and for its inability to prove cases in its favour, as well as its extraordinarily lengthy probes and investigations. Another serious complaint is NAB’s behavior towards the accused. A few months ago it was severely criticized for taking an accused university teacher to hospital in handcuffs. He remained in chains even after death.

Last week, the Sindh High Court (SHC) dismissed the NAB appeal against the acquittal of a former MNA in a Rs13.3 million corruption reference. NAB had filed an appeal against the acquittal of former Member National Assembly Begum Salma Ahmed, who also headed the Pakistan Association of Women Entrepreneurs. NAB is also investigating cases against former head of the Lahore Development Authority (LDA) Ahad Cheema for the past one year. NAB also failed in contesting relief appeals of former Prime Minister Nawaz Sharif who was sentenced by the NAB court.

"The inefficiency of NAB can be best judged from the way they have been filing references but not managing to improve their conviction rate. Most of the NAB cases are decided against them or overturned in the accused’s favour in appellate courts," says former President Supreme Court Bar Association (SCBA) Ali Ahmad Kurd, adding, "The incompetence of NAB officials can easily be seen in Asad Munir’s last note." He says independence of NAB can also be judged from the Nawaz Sharif case where a Joint Interrogation Team prepared the report, something contrary to NAB’s law.

"NAB is a body for political victimization and they use this power to harass and insult politicians and bureaucrats just for their artificial reputation and ego," Kurd opines, suggesting, "the government, along with the opposition parties, should try to make this body respectful through drastic changes in the law and its powers."

On the other hand, Advocate Azhar Siddique, dismisses the idea that there is any political victimization by NAB, saying that this is a designed campaign to malign and defame NAB and affect its functioning. "These cases against political leaders are not new, but previous government pressed certain institutions not to proceed in these cases," he says, adding, "There is no need for drastic changes in the law but there is a need to harmonize some sections of it to reconsider inquiry processes against the business community. And also, there is a need to regulate rules of investigation and arrest."

NAB, formed through an ordinance in 1999 during military dictator General Pervez Musharraf’s regime has always been controversial for its allegedly selective and discriminatory accountability. Opposition parties also alleged that NAB was used by certain powers for political engineering in the 2018 general elections. The law gives huge powers to its chairman, who is considered the head of investigation and serves a four-year term. NAB’s sitting chairman, Justice (r) Javed Iqbal is the ninth chief of this bureau. He was appointed in October 2017.

The description of the law reads that all powers under the ordinance, directly or through the court, move through its chairman. The chairman has full authority to file a reference and it has vast powers to call for information from any person during an investigation in connection with the provisions of the ordinance.

According to reports, the PTI government wants changes in the NAB law to improve the impression of fair accountability. Federal law minister Farogh Naseem stated last week that the government was planning amendments in the NAB law to ensure elimination of corruption from the country. Reportedly, an aide to the prime minister also met the chairman recently to discuss the assurance of a fair process of accountability.

Watching the watchmen