Unfair accountability in past: NAB issues new SOPs to protect Senators, MNAs, MPAs

ISLAMABAD: After protecting businessmen and bureaucrats from past-like harassment, the NAB has now issued new SOPs to protect all parliamentarians, including MNAs, senators and MPAs, from harassment, scandalisation and arbitrary arrest in frivolous corruption cases.

In order to ensure fair handling of corruption cases against parliamentarians, a close oversight by the custodian of parliament (Senate chairman and speakers of NA and provincial assemblies) has been introduced to protect rights and privileges of MPs being investigated. Parliamentary Accountability Facilitation Cell (PAFC) is being established to discourage mala fide, frivolous, anonymous and pseudonymous complaints against members of parliament.

Under the new SoPs, all complaints against parliamentarians, received by NAB, shall be brought into the notice of NAB chairman immediately before taking any further action.

In the first instance, the complaint, with the approval of NAB chairman, shall be forwarded to the Senate chairman or speaker of the NA or provincial assembly concerned, as the case may be, for input and opinion. The identity of the complaint shall be kept confidential under all circumstances. Senate chairman, speaker of NA or provincial assembly, as the case may be, after initial probe shall submit his findings to NAB headquarters through a report within four weeks. After due consideration of the report, further course of action shall be decided by the NAB chairman.

All correspondence with the defendant parliamentarian for sharing information at complaint verification or inquiry stage shall be made through PAFC. The identity of the defendant parliamentarian shall be kept confidential during complaint verification and inquiry stage to avoid any undue harm to his/her reputation. No member of parliament shall be summoned by NAB during CV and inquiry stage. If the circumstances suggest such attendance is necessary to meet the end of justice, it shall be done with the express approval of the NAB chairman. Any coercive action against a member of parliament, including placement on ECL, shall be brought into the immediate notice of the speaker concerned or Senate chairman, as the case may be.

The chairman or speaker, on his own accord, may refer a complaint against a parliamentarian, if it is considered expedient to hold any inquiry by NAB. Point of Facilitation Cell shall be established at NAB and the Senate, National Assembly and provincial assemblies. From NAB side, Director Complaint Cell shall act as the focal person whereas an officer not below BS-21 in case of Senate and NA, and BS-20 in case of provincial assemblies shall be nominated by the respective custodian of each elected house. Prior to this development, the NAB issued similar SOPs for businessmen and bureaucrats.

In the case of complaints against government servants, the following instructions were issued for strict following: i) No anonymous complaint against government officials will be entertained; ii) Identity of government officials will be kept strictly confidential during complaint verification process; iii) Complaints against officials up to BS-19 shall be authorised by Regional DGs, whereas, for BS-20 and above officers, approval of NAB chairman will be required; iv) Government officials will not be called in person in NAB premises during complaint verification and inquiry stage; v) Regional DGs in consultation with the respective provincial Chief Secretaries will establish Accountability Facilitation Cells (AFCs) in respective civil secretariat for the requisite assistance; vi) All correspondence and sharing of information will be made through AFCs.

For consideration of processing complaints against businessmen, the SOPs said: i) No anonymous complaint against businessmen will be entertained; ii) Identity of businessmen will be kept strictly confidential; iii) No businessman will be summoned to NAB premises during complaint verification stage; iv) For dignified conduct of probe, a separate Business Facilitation Cell (BFC) will be established at regional NAB offices. The BFC will comprise representative from respective chamber of commerce and industry, representative from “Realtors’ Association” and representatives from other business associations (if required on case-to-case basis).