National Accountability Commission to replace NAB

• Draft proposes hearings of corruption cases to be held in district and sessions courts, bound to decide cases within a month
• Cases will be closed if not decided in ten years

ISLAMABAD: The Pakistan Muslim League-Nawaz (PML-N) government, apparently to save Sharif family from possible punishment in corruption cases, is all set to put an end to National Accountability Bureau (NAB) by establishing a new National Accountability Commission (NAC), it was learnt reliably.

Sources in power corridors aware of the development disclosed to Pakistan Today that the government has speeded up the pace to repeal the National Accountability Ordinance (NAO), 1999, and to enact a new law providing for the establishment of an administratively, financially and functionally independent NAC. The new commission will be responsible for enquiry, investigation, prosecution and speedy disposal of cases relating to the offences of corruption and corrupt practices in a just, transparent and effective manner.

Sources said that a legal team of ruling PML-N has drafted a bill, to be presented in the Parliament soon, for the necessary approval for establishing NAC. With the approval of Parliament for the National Accountability Commission Act 2017, the present accountability court, which is trying Sharif family and finance minister Ishaq Dar in corruption cases, will cease to exist and the corruption cases against the ruling party leaders will be transferred to the district and sessions courts of Punjab.

The district and sessions courts will convene a daily hearing and will also be bound to take a decision on corruption references within a time period of one month. Similarly, the trial of Sharif family will be on one reference only instead of three references of corruption charges.

Moreover, other pending corruption cases of Sharifs, from last 10 years, will be closed and neither the Supreme Court nor any other court will be authorised to take notice after the filing of reference of corruption charges.

The new NAC will be authorised to pardon wrong statements and submission of incorrect documents, said sources. They further revealed that if the new courts cannot take a decision on corruption references in ten-years-time then the cases will be closed.

A copy of the newly drafted National Accountability Commission Act 2017 available with Pakistan Today discloses that the commission will be comprised of a chairman, deputy chairman, member (legal) and member (accounts). The chairman will be a serving Judge of the Supreme Court (SC) while the deputy chairman will be a serving judge of a high court.

Similarly, in case of not availability of a serving Judge, retired judge of the apex court or high court will be appointed on said top slots of the NAC and his nomination will be referred for confirmation to a parliamentary committee, constituted under section 6, which will confirm the nomination in a meeting to be held within 15 days of the receipt of reference.  Moreover, member (legal) will be a person who will be qualified to be appointed as a judge of a high court, and member (accounts) will be a qualified chartered accountant having at least 15 years of experience.

The chairman, deputy chairman and the members will be nominated and appointed by the prime minister (PM) in consultation with the leader of the opposition in the National Assembly, also requiring the consent of the nominated judge and with the concurrence of the chief justice of the SC and chief justice of the high court. The appointment will be for a term of three years, without any eligibility for extension of tenure or for re-appointment.

The documents also reveal that no action will be taken against loan defaulters without the approval of State Bank of Pakistan (SBP) governor. An independent and sovereign investigation agency will also be established for enquiry and investigation.

Though clause of a plea bargain is not made part of the act, however, a clause to voluntarily return the looted amount with interest and profit has been made part of the said law. Seven years imprisonment and penalty have been recommended for voluntary returns of the looted amount while for other cases 14 years imprisonment and a heavy amount of penalty have been proposed in the draft of NAC.

It is also learnt from the draft of NAC that the NAC or agency will be authorised to summon any person and freeze property, while without commission chairman’s approval no arrest will be made during the investigation against corruption charges. The court will also not be able to take notice of corruption without a reference of NAC, while the accused will be granted bail if the trial is not completed within a one year time.

The commission will also be authorised to ask any country to freeze the property or transfer the assets of an accused in a case of corruption.

According to the act, the chairman and deputy chairman will continue to be entitled to the same salary and privileges as a judge of the SC or a high court while the terms and conditions of service of the members will be determined by the PM in consultation with the chairman and will be commensurate with their qualification and experience.

The chairman, deputy chairman or a member may be removed from office on the grounds, and in the manner, provided under Article 209 of the Constitution. They may resign from office by submitting under his hand resignation addressed to the PM. The chairman and the deputy chairman, on relinquishment of their office, shall resume office as a judge of the SC, or high court as the case may be if in the meantime he has not attained the age of superannuation.

Also, as provided in sub-section (8), the chairman, deputy chairman and members shall not hold any office in the service of Pakistan or any public sector entity before the expiration of two years after ceasing to hold their respective offices.

The parliamentary committee which will confirm the nominations for the appointments will be constituted by the National Assembly speaker in consultation with the Senate chairman and shall consist of six members from the treasury bench and six from opposition benches in equal number from the Senate and the National Assembly.  The committee will make its own rules of procedure including the election of its chairman, while the decision of the parliamentary committee will be expressed in terms of the majority.

At any time when the chairman is absent or unable to perform the functions of his office due to any other cause, the deputy chairman will act as the chairman for a period not exceeding thirty days.

The commission may also appoint a person who is qualified to be appointed as a judge of the SC as a chief prosecutor. The chief prosecutor will be appointed for a term of three years and will not be eligible for any extension of tenure or re-appointment. He will supervise the work of the prosecutors, advise the commission on such legal matters and perform such other duties of a legal character as may be referred or assigned to him by the commission and in the performance of his duties, he shall have the right of audience in all courts in Pakistan.

In cases where prosecution results in the discharge or acquittal of the accused, the conduct of the reference will be reviewed by the chief prosecutor.

Furthermore, the appointment of members of the staff and officers will be done by the commission.

The remuneration payable to the chairman, deputy chairman, members and other staff and officers of the commission and all administrative expenses and other expenditure relating to the commission will be expenditure charged upon the federal consolidated fund, under the meaning of Article 81 of the Constitution.

It is worth mentioning that leadership of major political parties of the country including PML-N and PPP had signed a ‘Charter of Democracy’ some eleven years back in London. Both the parties had agreed to end present NAB with a new commission.