Has the NAB scandal brought the accountability watchdog into disrepute? What is the ultimate goal of such an exposé?
The controversial newspaper interview of Chairman National Accountability Bureau (NAB) retired Justice Javed Iqbal, followed by the release of video and audio clips of him interacting with a woman whose husband is allegedly facing a NAB probe, have raised serious questions - Does the scandal undermine the already farcical process of accountability in the country? What is the ultimate goal of such an expose? Will a credible probe be ordered into the case? And, importantly, will the NAB chairman survive this fiasco?
The NAB has vehemently denied the allegations, labelling them as "baseless, fake and based on lies". The NAB prosecutor, Waris Ali Janjua, filed a reference on May 25 against the couple, naming the two the prime suspects behind the "propaganda".
A blame-game has already ensued between the government and the opposition, as neither the NAB denial nor the reference has calmed down the opposition parties - PPP and PML-N -- that have been crying foul over the accountability process. They are demanding the resignation of Justice Iqbal or the formation of a special parliamentary committee to probe the allegations under Rule 244 of Rules of Conduct and Business of the National Assembly. The government on the other end has turned down such demands, spokesperson Dr. Firdous Ashiq Awan says that the government unmistakably understands the opposition’s role behind maligning the NAB chairman.
"PTI has been badly exposed in this issue," says senior journalist Suhail Warraich. "The party doesn’t have the courage to bring the NAB chairman under the due course of accountability or have the guts to change him."
Warraich isn’t ready to give any margin to the opposition parties either. "Rather than taking a principled stand on the issue, the opposition is confused about whether the chairman will stay or leave," he says, continuing that the demand to constitute a special parliamentary committee is a "political stunt".
The NAB scandal has also exposed the internal politics of Pakistan Muslim League-Nawaz (PML-N). Opposition leader and PML-N president, Mian Shahbaz Sharif, along with former prime minister, Shahid Khaqan Abbasi, are demanding a special parliamentary committee be set up to probe the matter. But spokesperson of PML-N Punjab, Malik Ahmed Khan, is demanding Justice Iqbal’s resignation and the registration of a case against him.
Pakistan Peoples’ Party (PPP) is demanding that the NAB chairman step down until an inquiry against him is completed.
"The NAB chairman must go home until he is proven innocent," says analyst Tahir Malik. Warraich and Malik agree that in the meantime standard operating procedures be followed to constitute a special committee.
NAB Code of Conduct and Ethics is guided by the following principles: "(a) at all times, employee should be aware that your employment carries an obligation to have due regard to the impact of your professional and personal conduct on NAB’s standing and reputation; (b) at a minimum, you must meet the standards of ethical behaviour and accountability that NAB promotes in its dealings with other organizations and individuals; (c) the name and powers of NAB must be used with restraint, and with an awareness of their potential effect upon others. These must never be used to gain personal advantage or pursue personal issues; (d) the work of NAB must not be compromised or affected by any personal interest".
Lawyer Azam Nazir Tarar tells TNS the National Accountability Bureau Ordinance 1999 is clear about removal of the chairman, and he quotes Article 6-b(i), which states, "Chairman NAB shall be removed except on the grounds of removal of Judge of Supreme Court of Pakistan", which means that the procedure for the removal of the NAB Chairman is the same as that of a judge of the Supreme Court of Pakistan.
Under Article 209 of the constitution of Pakistan, a judge of the Supreme Court can be removed under the constitution only on grounds of proven misconduct or incapacity and by an order of the president of Pakistan. Under this article, a written reference has to be sent to the Supreme Judicial Council that will conduct the hearings of allegations of misconduct that would determine the removal of the judge.
According to Tarar, same article applies to the Federal Public Service and Auditor General of Pakistan. "Former Auditor General of Pakistan Muhammad Akhtar Buland Rana was removed in May 2015 by the then President Mamnoon Hussain on the findings of the Supreme Judicial Council which pronounced Rana guilty."
Federal Law Minister Farogh Naseem said in a TV show recently that the prime minister and the opposition leader can remove the NAB chairman through consultation, but Imran Khan does not wish so.
Former secretary Supreme Court Bar Aftab Bajwa disagrees with the law minister -- "Article 6 of the NAB ordinance states that the prime minister and the opposition have the authority to appoint the NAB chief. But, according to Article 209 of the Constitution, the competent authority to remove the chairman is the Supreme Judicial Council, no one else."
He adds, "In the case of Justice Javed Iqbal, the Council can order forensic test of the audio and video clips but it depends on the decision of accepting the case."
But in case of the leave or removal of the chairman, the legal experts hold the NAB deputy chairman cannot assert full powers of the chairman and cannot give approval to file a reference against anybody.
But a more pertinent question is why would the opposition want to remove the NAB chairman? Would it be based on the recent scandal or their grievances that go way back?
"The way NAB was maneuvered as an instrument against the last political government and used to victimise the democratic forces provides solid ground to them to play up the current scandal. The refusal of Hamza Shahbaz to appear before the NAB by challenging its credibility is one example and more to come," says senior analyst Wajahat Masood.
"Though the opposition is not serious in constituting special parliamentary committee to probe the NAB scandal, it has been quite successful in demoralising NAB," he says, adding that the opposition is in the best position to tame the accountability watchdog.
Masood thinks the government’s mishandling of this scam will bring serious repercussions for the PTI because the government has nothing to sell in the last nine months, "except the card of accountability".