New ordinance enables NAB chief to get another four-year term

ISLAMABAD: The NAB ordinance paved the way for the incumbent chairman Justice (R) Javed Iqbal to continue to perform as head of the National Accountability Bureau (NAB) till the federal government develops consensus for his replacement.

The new ordinance, President Dr Arif Aliv promulgated on Wednesday (Oct 6), also provides the outgoing NAB chief an opportunity to get another four-year term for the office of NAB Chairman.

A 20-page newly-proposed ordinance, shared by the Ministry of Law, read, "provided that on expiry of the period of four years, the incumbent chairman may be appointed for another period of four years by the President [Arif Alvi] in the same manner as provided for appointment in clauses (i) and (ii) of sub-section (b). Provided further that till the assumption of charge by the Chairman appointed under this section, the outgoing Chairman shall continue to act, exercise authority and perform functions as the Chairman and shall have all powers vested in the Chairman under the Ordinance."

Justice Javed Iqbal is going to complete his four-year term tomorrow (Oct 8, 2021). The government has prepared the ordinance which made amendments in many sections of NAB law. Amendment of Section 6, NAB Ordinance XVIII of 1999 read, "there shall be a Chairman, National Accountability Bureau to be appointed by the President in consultation with the Leader of the House and the Leader of the Opposition in the National Assembly."

If there is no consensus on the name of the Chairman, the amended section further read, the names (s) proposed by the Leader of the House and the Leader of the Opposition shall be forwarded by the President to a Parliamentary Committee appointed under clause (iii), which may confirm any one name for appointment as Chairman. "The Parliamentary Committee under clause (ii) shall be constituted by the Speaker, National Assembly, comprising fifty percent members from the Treasury benches and fifty percent from the Opposition benches, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders," read the said section.

The amendment further read, "the total strength of the Parliamentary Committee shall be 12 members out of which one third shall be from the Senate. If the National Assembly is dissolved at the material time, all the members of the Committee shall be from the Senate. The Chairman shall hold office for a period of four years on such terms and conditions as may be determined by the President and shall not be removed from office except on grounds provided for the removal of a Judge of the Supreme Court in the manner and by the forum provided under Article 209 of the Constitution of Pakistan."

Amendment of Section 4, NAB Ordinance XVIII 1999, read that this Ordinance extends to the whole of Pakistan and shall apply to all persons, including those persons who are or have been in the service of Pakistan, except persons and transactions specified in sub-section (2).

The amendment read that the provisions of this Ordinance shall not be applicable to the following persons or transactions, namely: "All matters pertaining to the Federal, Provincial or Local taxation, other levies or imposts, including refunds, or loss of exchequer pertaining to taxation; decisions of Federal or Provincial Cabinet, their Committees or Sub-Committees, Council of Common Interests, National Economic Council, National Finance Commission, Executive Committee of the National Economic Council, Central Development Working Party, Provincial Development Working Party, Departmental Development Working Party, and the State Bank of Pakistan; any person or entity who, or transaction in relation thereto, which are not directly or indirectly connected with the holder of a public office; 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 benefit from that particular public or governmental work, whether directly or indirectly on account of such procedural lapses, which the said recipient was otherwise not entitled to receive; an advice, report or opinion rendered or given by a public office holder or any other person in the course of his duty, unless there is sufficient evidence to show that the holder of public office or any other person received or gained any monetary or other material benefit, from that advice, report or opinion, whether directly or indirectly, which the said recipient was otherwise not entitled to receive."

Another amendment in Section 8 of the said NAB law read that Chairman NAB shall provide Investigation Report to the Prosecutor General and seek concurrence of the Prosecutor General for commencement or continuation of prosecution.

The ordinance also made an amendment in Section 9 which stated that all offences under the Ordinance shall be non-bailable and notwithstanding the provisions of sections 439, 491, 496, 497, 498, 498(a) and 561A of the Code, no court other than the court under the Ordinance, shall have the power or the jurisdiction to grant bail to or otherwise release an accused person in a case triable by an Accountability Court. "Provided where an accused person is released on bail, the amount of surety shall be fixed having regard to the gravity of the charge against such person and where the charge specifies any amount in respect of which the offence is alleged to have been committed, the surety amount shall not be less than the said amount,” further read the amended section."

Another key amendment in the NAB law links to insertion of new section 33F, NAB Ordinance XVIII of 1999 which deals with the withdrawal and termination of pending proceedings. "Prior to filing of a Reference, the Chairman, NAB in consultation with the Prosecutor General, having regard to the totality of facts, circumstances and evidence, may partly, wholly, conditionally or unconditionally withdraw or terminate any proceedings under the Ordinance, if such proceedings are unjustified," read the newly-inserted section.

"After the filing of a Reference, if the Chairman NAB in consultation with the Prosecutor General, having regard to the totality of facts, circumstances and evidence is of the view that the reference is partly or wholly unjustified, he may recommend to the court where the matter is pending that the Reference may partly or wholly be withdrawn or terminated, in which event the Court shall pass appropriate orders. No action or claim by way of suit, prosecution, complaint or other civil or criminal proceedings shall lie against the federal, Provincial or local government, the NAB or any of their officers and functionaries for any act or thing done or intended to be done in good faith pursuant to withdrawal or termination of cases under sub-sections (1) and (2),” the new section 33F further read.