Has NAB really become non-functional?
It is interesting to note that those involved in mega scandals of corruption are set free of any charges by voluntarily offering to return the assets or gains acquired by them, under the Voluntary Return and Plea Bargain provisions incorporated in Section 25of the NAB Ordinance, 1999
Corruption, which is considered a menace in civilised societies around the world and has strict punishments for the crime, has unfortunately become an easy-to-do task in Pakistan with the institutions responsible for holding the corrupt accountable becoming non-functional. Pakistan ranks 117 out of 175 in the list of least corrupt nations, according to the Corruption Perceptions Index reported by Transparency International in 2015, which is not something to be proud of.
The National Accountability Bureau (NAB) – the authority aimed to carry out across-the-board and transparent accountability to steer and guide the nation out of the abyss of corruption – it seems, has failed to curb this menace from the country by not holding the corrupt people accountable and giving a free hand to those facing any charges.
It is interesting to note that those involved in mega scandals of corruption are set free of any charges by voluntarily offering to return the assets or gains acquired by them, under the Voluntary Return and Plea Bargain provisions incorporated in Section 25of the NAB Ordinance, 1999. The Supreme Court has, however, restrained the NAB chairman from accepting voluntary return but the plea bargain can still be used.
This ordinance has sparked controversy after former finance secretary of the Balochistan government, Mushtaq Raisani, was cleared in a corruption case of Rs2 billion through a plea bargain on 21 December. The Supreme Court, government and the opposition alike, slammed the institution for accepting the plea bargain of Raisani, which was later rejected by the apex court on 2 January.
Instead of accountability, the Bureau has been widely criticised for facilitating and promoting corruption. After all, there is no loss for the corrupt in returning only a small ratio from the huge embezzled amount. Moreover, it has been seen that NAB is only after small scandals of corruption, ignoring mega corruption cases, as criticised by the Supreme Court.
Over the past, there have been ordinances and commissions that have let the corrupt move away all clean, without any charge or shame. The National Reconciliation Ordinance (NRO) formed by former military ruler General Pervez Musharraf being one of them, which granted amnesty to the corrupt for money laundering, embezzlement, murder or terrorism. Similarly, Ehtesab Act of 1997also had structural and design flaws.
The existing NAB Ordinance also looks like facilitating the corrupt but a 20-member Parliamentary committee headed by Federal Law Minister Zahid Hamid has been formed to look into the matter and suggest amendments in the ordinance.
Talking to DNA regarding the matter, Pakistan Tehreek-e-Insaf (PTI) vice chairman and Member National Assembly Shah Mehmood Qureshi said that the performance of NAB is visible to everyone. It has not only become non-functional, in fact it is promoting corruption. Even the Supreme Court is criticising its performance and the corruption it facilitates.
When asked if his party members face corruption charges and try to get rid of them through plea bargain or voluntary return law, he said “we have no corruption in our party, this is the cleanest government that has ever come to power till date”
“The institution of NAB has failed and has lost its credibility among the people of Pakistan after the recent settlement with Balochistan’s finance secretary through a plea bargain.”
The plea bargain law, he said, is flawed, adding that the NAB Ordinance of 1999 needs a major revision.
As he is the part of the parliamentary body constituted by Speaker Ayaz Sadiq to make amendments in the controversial law, the PTI leader said he would make his suggestions in parliament based on reservations made by his party in the past. He, however, refrained from divulging any of the suggestions he would make for the amendments, saying they needed to be formulated and approved by the party leadership first.
He further said the appointment of NAB chairman in the existing system causes political influence over the authority. He suggested that the appointment should be made by the judiciary as the existing arrangement has not worked.
“NAB has become a joke as it only goes after small cases and ignores its big function of accountability. The NAB chairman makes speeches all over the globe against corruption but has not done anything practical,” said Ayaz Amir, senior columnist and analyst, while talking to DNA.
“For NAB to become effective in the fight against corruption, it is important that it is made an independent body. How can the chairman deliver when he is appointed by the political masters and has a long history of association with the prime minister?” Amir further said.
Plea bargain is just for a person to cooperate with the authorities to help in investigation, but here it gives the corrupt a clean chit, the analyst added.
Refuting the criticism, NAB spokesperson Nawazish Ali Asim said the voluntary return and plea bargain are included in the law, and legislation is done through parliament. The chairman, he said, has however stopped the provision of voluntary return while the plea bargain is received through the court.
“The entire amount recovered through plea bargain is transferred to the national exchequer. None of the NAB employees receive a single penny out of it. We are only accountable for something we do wrong,” the NAB spokesperson said while talking to DNA.
An amount of Rs285 billion has been submitted to the national exchequer so far by the Bureau along with an operational cost Rs10 billion, he said, adding that the performance of NAB is appreciated all over the world, including Transparency International and World Economic Forum.
“NAB is an independent institution. None of its laws need any amendment but if the law is amended, NAB will act upon it,” he added.
About the authority being subject to political influence, the spokesperson said, “If it had any political influence, why would it face criticism from the political circle?”
Pakistan Muslim League-Nawaz (PML-N) leader and Minister of State for Privatisation Muhammad Zubair also opposed the plea bargain law, saying if it helps bringdown corruption, it is understandable but this ordinance has encouraged people to do corruption instead of curtailing them so we better get rid of it and formulate a new accountability law.
“May be such a law was necessary in 1999 when the idea of accountability came but it’s time for parliament and political parties to revise the law as no person should be allowed to walk away unpunished,” the minister said while talking to DNA.
For the purpose, he said, the whole NAB ordinance is under revision. A committee is working on improving the law to make the execution of NAB more independent. He suggested that the Supreme Court should now be given the authority to appoint the chairman.
About political influence being exercised on the Bureau, Zubair said political interference is a buzz word; the chairman personally has no authority to take decisions, there is an entire board for the purpose and it’s not as if the entire board is under political influence.
“As far as charges and accusations on NAB chairman having association with the prime minister are concerned, they are false. There is already a check and balance system in the institution that can further be improved. Institutions take time to strengthen. Just like judiciary and army have strengthened over the years, the Bureau would also strengthen,” he said.
When asked if his party members face corruption charges and try to get rid of them through plea bargain or voluntary return law, he said “we have no corruption in our party, this is the cleanest government that has ever come to power till date”.
To conclude, the idea of accountability needs to be strengthened and made more tangible and no matter how many explanations the Bureau can give for its flawed laws, no one should be allowed to go unpunished.
There is a need to develop a strong realisation among the people against corruption as the public money is not for the corrupt lot to steal. Just like terrorism destroys the country, corruption also eats it up. The development projects and land schemes that come along mega corruption scams need to be made transparent.
The committee constituted by the National Assembly speaker can be expected to make necessary changes to the National Accountability Law as it has been given a three-month time to prepare its report. As various segments of the society are calling for NAB to be made an independent body, it should be made free of any political influence with appointments made fairly and on merit. Not only the institution of NAB but every other institution of the country should be made independent and strong enough to curb any corrupt practices.