Who did issue the draft of the National Accountability Bureau (Amendment) Ordinance? Who did prepare the document? These questions have become a mystery as two groups emerged in the government over the issue.
According to 24NewsHD TV channel, the law ministry appears to be clueless about the proposed legislation, as sources claim it did not draft the ordinance.
And the sources did not stop there and added that the draft was shared by the Ministry for Parliamentary affairs, with Law Minister Farogh Nasim saying the document is bogus.
Similarly, Shahzad Akbar said the draft circulating on social media wasn’t prepared by the government and the document would be prepared only after consulting the opposition and also the NAB.
Shahzad, who is adviser to the PM on accountability, said the future legislation would represent the government’s priorities about transparent accountability.
According to the sources, the law ministry is responsible for the draft and the minister has started working on it, as he wants to take all the political parties into confidence on the issue.
Meanwhile, the leaked draft shows that the government has decided to bring comprehensive changes in the ordinance. Perhaps most important of these is withdrawing the powers of issuing warrants from the NAB chairman.
Moreover, the government has also decided to give the powers of granting bail to trial courts.
According to the draft, the NAB won’t be able to keep the accused into custody for 90 days and declare any premises a sub-jail. Equally important is the point that the Bureau cannot launch action on basis of complaints by unknown persons.
Meanwhile, the courts could issue arrest warrants only after a reference is filed against the accused.
The accountability court will have the authority to demand surety bonds to ensure presence of the accused but could issue warrants in case of non-compliance.
The draft further limits the Bureau’s powers by proposing that it won’t have the powers in matters where the corruption less than Rs500 million, while tax and levy are also no more its subjects.
The Bureau is no more authorised to open investigation into matters that are seven years old and file supplementary reference.
It also needs to present the evidence of getting financial benefits to initiate any probe against public office holders who could be trialled only in the province from where they got elected.
Meanwhile, the accused would be authorised to bring their lawyers during interrogation.
Other important parts of the draft says the corrupt people could plea bargain even after being sentenced. But those taking advantage of plea bargain will not hold any office for five years.
On the other hand, no NAB official would be able to issue a statement against any accused before filing of reference and those violating this condition would face one-year term and a fine of Rs0.1 million.
The National Accountability Bureau (Amendment) Ordinance, which would also be applicable to under investigation matters, has been sent to Prime Minister Imran Khan.
The National Accountability Ordinance (NAO) became extinct on last Sunday as the amendments to the law made through a presidential ordinance were not been approved by the Parliament. A major challenge faced by the government because of the coronavirus pandemic is the parliamentary approval as both National Assembly and Senate are in recess to ensure social distancing.
The National Accountability (Second Amendment) Ordinance, 2019, was promulgated in December-end, having the usual 120-day constitutional life.
Hamza victim of NAB-Niazi nexus: PML-N
Meanwhile, PML-N spokesperson Marriyum Aurangzeb on Wednesday said Hamza Shehbaz had been a victim of NAB-Niazi nexus for the last 11 months, as he was in prison despite the absence of any charge or reference. None of bogus charges could have been proven against him, she said while addressing the prime minister.
In a series of tweets, the PML-N leader said there was no one to question Imran and Chief Minister Usman Buzdar even after the inquiry report on the sugar and flour crises.
Innocent Hamza is jail but the NAB-Niazi nexus doesn’t arrest those involved in Rs110 billion sugar scam and spending Rs150 billion on digging the roads in Peshawar in the name of Peshawar Metro, she remarked.