Impending amendments to NAB law: Govt, opposition to meet to erase draconian provisions

ISLAMABAD: Senior representatives of the government and opposition parties will meet during the current week to discuss a plethora of amendments in the National Accountability Bureau (NAB) law to rub out its draconian provisions. However, once accelerated, government-opposition contacts have apparently slowed down in the wake of change of official priorities

“At one point, we got the impression that the government is very eager to quickly alter the National Accountability Ordinance (NAO) when it felt that a number of cases are coming up against some of its important leaders,” a senior opposition leader told The News.

He said that the government side gave a clear indication during consultations on the appointment of the chief election commissioner and two members of the Election Commission of Pakistan and the legislation to give three-year extension to Gen Qamar Javed Bajwa as the chief of the army staff that amendments to the NAO would be taken up after resolution of these nominations.

When contacted Special Assistant to the Prime Minister on Information Dr Firdous Ashiq Awan told this correspondent that a parliamentary panel headed by Defence Minister Pervez Khattak was dealing with the issue of changes in the NAB law. She said it has made plans to hold dialogue with the opposition in this connection.

Former speaker and prominent Pakistan Muslim League-Nawaz (PML-N) leader Sardar Ayaz Sadiq told The News that though no date is fixed, a meeting is expected during the current week with the government leaders, including Khattak, Farogh Naseem, Azam Swati and Asad Umar.

Early this month as a result of an understanding with the opposition parties, the government withdrew an ordinance, which had provided that any person arrested under the NAO for any offence involving any amount above Rs50 million will be entitled to “C” class or equivalent only in the prison irrespective of the stage of inquiry, investigation or trial.

Ayaz Sadiq believed that the government was under pressure to amend the NAO because, otherwise, some of its stalwarts would be caught by NAB in the days to come. Adding to this valid fear are a host of crises, besetting it, he felt. Therefore, he said, the government wants to obviate any major NAB action as this would plunge it in a more difficult situation.

He said the paramount priority of the opposition parties is to ensure transparency and fairness in the accountability process and to take the absolute control of NAB from its chairman. Presently, he said, the NAB chief is the sole authority that can order arrest of any person at any stage, and release him when he wills.

“The NAB chairman’s powers have to be exercised by a committee. The NAB has to be concerned with the public money only and has to be prevented from private dealings and transactions,” the former speaker said. Four sets of likely amendments in the NAO, which are readily available, will be considered by the government and opposition representatives in their forthcoming talks.

The first package of changes comes from the government, which were made in the NAO through a presidential ordinance. Apparently, the opposition will not oppose it if its proposals are also opted for.

The second set of changes are the recommendations made by the Supreme Court while third package has been suggested by the PML-N and other opposition parties. The fourth set of modifications has been sponsored by Pakistan People’s Party (PPP) leader and former Law Minister Farooq H Naek.

“Given the track record of the government, I don’t have much hope in the success of the current dialogue process. The government shows too much enthusiasm in the beginning but as talks become serious, it backs off. Several months back, we had held a number of rounds of negotiations but in vain, and the entire process was abruptly abandoned,” Ayaz Sadiq said.

The apex court had recommended that accountability courts be given powers to grant bail to the NAB accused to reduce unnecessary burden on high courts; the trial period of 30 days be rationalized, and the plea bargain provision be changed.

Naek’s package of amendments, incorporated in a bill, was approved by the Senate sometime back. It says the concept of plea bargain and voluntary return be made in line with modern jurisprudence of superior courts. It should be carried out through court and a person availing it would not contest election but would not be jailed.

Powers of arrest be taken away from the NAB chairman/officials, who will not authorize detention at all, let alone for 90 days. There is no need of custodial investigation as the probe can be carried out and a person can be questioned in the NAB office without being detained overnight. Custodial investigation is against freedom and right of life of a person.

The bill also stated that people be presumed innocent until proven guilty in cases of illegal gratification which is the cardinal principle of criminal jurisdiction and doctrine that a person is innocent until proven guilty; only those public office holders will be prosecuted who have assets which are the outcome of corruption and corrupt practices and not otherwise. There will be no fishing expedition or roving inquiry and asking questions which violates Constitution that stipulates that no one can be forced to make statement against his own self.