Introducing changes in the NAB law
The working of NAB in general and some of the provisions of the NAB Ordinance in particular have been criticised by different sections of society with the successive governments choosing to ignore the critics. The NAB has no doubt succeeded in arresting several criminals responsible for looting national wealth and recovering the stolen money. Since its inception 16 years back, it claims to have recovered Rs 277.909 billion. There is nevertheless a need to remove some of its deficiencies. The exercise would definitely brighten NAB’s image.
The PTI was the first to demand a change in the way the Chairman NAB was appointed. Imran Khan argued that since the Chairman was selected by the Prime Minister and the leader of the opposition, he tended to be lenient towards both. Interestingly, a similar position has now been taken by Interior Minister Ch Nisar. According to Nisar, the process of accountability can only be made transparent if the authority of appointment of the NAB chairman is handed over to the Supreme Court.
The provision for a plea bargain allows the NAB to reach out-of-court settlement with criminals if they sign a confession and deposit funds of an amount determined by NAB. The provision was condemned widely after NAB accepted the plea bargain request of more than Rs 2 billion from Balochistan Finance Secretary Mushtaq Ahmad Raisani and a contractor who was also a front man of an ex-provincial adviser. Senator Farhatullah Babar termed it as a scandalousbargain meant to protect certain big guns. Shehbaz Sharif too has termed the plea bargain provision a ‘fraud’, as offers are made to unscrupulous elements with a punishment in law abiding societies.. Two years back Justice Jawad S Khwaja then CJ Supreme Court had called plea bargain an ‘institutionalized corruption’. A judge of the present Supreme Court has observed that NAB has become ‘facilitator of the corrupt’.
It is high time the government brings a bill in the Parliament to make necessary changes in the law.
