The farce of accountability

Everything happens for a reason. And so the National Accountability Ordinance was promulgated in 1999 by former military dictator and current absconder, Pervez Musharraf. The ostensible reason for this ordinance is found in the preamble, which reads inter alia: “And whereas there is a grave and urgent need for the recovery of State money and other assets from those persons who have misappropriated or removed such money or assets through corruption, corrupt practices and misuse of power or authority”.

The ordinance was apparently intended to be a means through which accountability could be secured, and by extension, rule of law upheld. It is unfortunate then that the NAB Ordinance is itself a post-facto law, as per Section 2 of the ordinance which states that the ordinance will apply from 1 January 1985 – that is: retrospectively. A law that has its genesis in the mind of a military dictator cannot be expected to have fair and just consequences today. Nor can an institution conceived by a military dictator be expected to function transparently or independently. The origins of NAB affirm that it has been a farce from day one.

The Oxford Dictionary of Law defines retrospective legislation as “legislation that operates on matters taking place before its enactment, eg by penalizing conduct that was lawful when it occurred”. The very foundation of the NAB Ordinance is hugely problematic as post-facto laws of this nature find themselves in conflict with fundamental human rights norms. This is just one of the glaring loopholes in the ordinance; there are several other issues, relating to the scope of immense arbitrary authority granted to the chairman of NAB and the reversal of principles of criminal justice.

As with other ‘legislative’ gifts dictators have left behind for this country, their impact on the right to expression, the right to fair trial and the presumption of innocence do not require any explanation as the violations of these rights play out blatantly in the public eye, with no accountability or hope in sight for concerted effort at redressing the source of the injustice.

It has become quite clear that NAB is not a tool for ensuring accountability, but a stick with which the state beats political opponents, dissidents and even journalists. It has been over 65 days since the editor-in-chief of one of Pakistan’s largest media groups has been in custody (for an alleged offence that supposedly occurred over thirty years ago). In two months, there seems to have been absolutely no movement in the case. Whether there even is a case to be made remains highly doubtful and, judging by how it has proceeded so far, it seems to be nothing more than an attack on the press for doing its job.

NAB’s target this time affects the fundamental human rights of Pakistan’s citizens directly and tangibly. The problem here isn’t just that a specific media group owner is being penalized for broadcasts but the chilling effect this has on all other media groups and journalists across the country. Such clear and public injustice being orchestrated by NAB has a devastating impact on the right to expression and information in this country.

The problem affects us all, as citizens of this country, who have a right to exchange and receive information and ideas of all kinds and to participate fully in political debate. The citizens of Pakistan cannot make informed decisions in the political sphere unless we have open and free dialogue and debate on issues of public importance. NAB’s conduct is an issue of public importance.

Without a free press, the state itself cannot function transparently and effectively. Prior to Mir Shakil-ur-Rahman’s arrest, Geo News management and journalists had been receiving threats that the Pakistan Electronic Media Regulatory Authority (Pemra) would ban specific shows critical of NAB aired on Geo News.

The threats materialized, and entities expected to behave in accordance with the principles of justice transformed into thugs. Geo News management received several notices from Pemra, after which Geo News approached the Islamabad High Court in Writ Petition No 61353/2019. This has all been reported and documented.

There are numerous other instances of ‘press advice’ being given, content being edited and removed, and journalists being threatened for carrying out their legitimate duties. Yet, our prime minister keeps confidently asserting that Pakistan has more press freedom than anywhere else in the world. On a visit to the US in 2019, the prime minister said: “Pakistan has one of the freest presses in the world... To say there are curbs on the Pakistan press is a joke”.

On 31 July 2019, Reporters Without Borders (RSF) wrote an open letter to Prime Minister Imran Khan, in response to his comments. As RSF rightly pointed out to the prime minister at the time, “there is nothing funny about this ‘joke’ for journalists in your country”. RSF highlighted three specific instances of censorship to the prime minister. First, after the prime minister landed in the US, Geo News was taken off air. Second, in July 2019, journalist Hamid Mir’s live interview with Asif Ali Zardari was interrupted when Geo News was taken off air. Third, on 8 July 2019, AbbTakk TV, 24 News and Capital TV were suspended from cable TV services, without any notice or warning – remaining suspended for many days thereafter.

These were a handful of instances cited by RSF to the prime minister. It can be assumed without a shadow of doubt that the prime minister is well aware of the state of press freedom in the country he leads. No well-meaning leader should so blatantly insult the intelligence of his nation when a case as prominent as Mir Shakil-ur-Rahman’s plays out right before the public.

The case reflects both the state of press freedom in this country and the state of entities ostensibly established to ensure accountability. No manifestation of contempt for the press could have been more blatantly played out in the public eye.

Pakistan is ranked as one of the worst countries in terms of press freedom. Under the leadership of Prime Minister Imran Khan, Pakistan’s position on the RSF 2019 World Press Freedom Index took a hit as we fell three places. Journalists have been shot dead, with no consequences, during this government’s tenure. It is not that these instances have not happened in the past – they have. But this prime minister won the election promising change and accountability. What change do we see when journalists like Ali Sher Rajpar and Malik Amanullah Khan are shot dead within a span of four days? What change do we see when TV channels are taken off the air for broadcasting critique of state entities?

The government cannot simply deny the state of press freedom and expression in this country. People are scared to ask questions. Journalists fear for their lives while doing their job. We cannot just be told all is well when it is clearly not. Instead of continuing to live in this state of denial, it would be far more useful for the government’s own credibility if it took notice of the treatment being meted out to Mir Shakil-ur-Rahman. Pakistan cannot make any claims of media freedom when there is such flagrant contempt for the press on display in this witch-hunt by NAB.

The writer is founding partner of Mazari-Hazir Advocates & Legal Consultants.

Email: imaanmazarihazir@ gmail.com