NAB( National Accountibility Bureau)
1) Autonomous
2) Constitutionally established federal institution
Work:
1) Build efforts against corruption…
2) Prepare critical national economic intelligence assessment against economic terrorism…
MISSION:
The National Accountability Bureau is to work to eliminate corruption through comprehensive approach( 4 pronged)
PREVENTION, AWARENESS, MONITORING AND COMBATING…
OBJECTIVES :
1) SHORT TERM OBJECTIVES : setting in motion systemic improvements TAHT help strengthen national integrity system and the people against corruption..
2) Long term Objectives : To eliminate corruption by engaging all the stakeholders in the fight against corruption through a program, which is HOLISTIC , COMPREHENSIVE and PROGRESSIVE…
NAB Principal officers
1) Chairman NAB ( Head of Investigation, 4 years term)
2) Prosecutor General ( Head of Prosecution 3 years term).
What are the changes made in the NAB law in 2021..
1) Exclusion of private person from investigation of NAB,if the said person is not involved in public sector transaction.. e.g affectees of people of different housing society scams, had there benn no NAB, have to file suit in civil courts and had to wait for lengthy process that would span on time period of several years.. Now these private person are out of ambit of NAB. Cheating public at large and breach of trust cases.. After this amendment cooperative societies will invoke suits in Cooperative registry while other societies frauds are to followed in Civil courts..
2) All cases related to taxation are not be followed in NAB rather transferred to relevant agencies..
3) If there is procedural lapse with no embezzlement of taxpayer money, or no bad intent then the public servent case will be out of ambit of NAB.
4) Exepmtion from NAB of Provincial and federal cabinet decision and relevant cabinet committee decisions and Ecnec..
5) Incumbent NAB chairman will continue office until and unless Leader of the house and opposition leader reaches at a consensus to appoint new chairman. President will provide his good office to break the deadlock.. If deadlock still persists then relevant parliamentary committee should decide the which person would be appointed….
6) Evidence through video link will be acceptable by amending the Qanoo a shahadat ordinance 1984….
7) Increase in Accountibility courts..
8) Now Accountability courts enjoy right of bail which was not present erstwhile.. Before this amendment, the undertrail person usually invoke 199 for bail from high courts..
9) Now Chairman NAB has made to consult PROSECUTOR GENERAL befire filling a reference…
Negative aspect of amendments
1) Breach of trust cases, Cheating public at large cases are transferred from NAB.. Which will slow the whole process of accountability..
2) Video Evidence has become binding while should be the proragtive of the accountability courts.. It should not be binding..
Legal backing : NAO 1999..
administration: Headquarter Islmabad
Regional offices: (7).
Lahore, Rawalpindi, Multan, Karachi, Sukkur, Peshwar, Quetta..
How it works??
1)For first three years it has focused on white collar crime of mainly politicians and Public servants.
2)In 2002,it launched National Anti corruption strategy Project. It conducted broad based surveys, studied external model of international anti_corruption agencies and involved local stakeholders..
3) All pillars of National Integrity System were studied in detail.. After identifying the causes of corruption in each pillar, a comprehensive strategy and a detail action was recommended.
4) Relevant Amendment like 270AA, empowers NAB to undertake Prevention and Awareness in addition to its enforcement Functions..
CRITICISM
1) Institutionalized Corruption
2) Political Influence
3) Inhumane Treatment of Detainees( Like Professor Mujahad Kamran former professor of PU was detained in handcuffs which drew heavy criticism from different section of the society) ( Similarly deaths in the custody)
4)No across the board accountability
5) It’s the detainee who has to prove the burden of proof.. That is quite arbitrary..
6) Low Conviction rates despite lofty CLAIMS especially in those cases which has been discussed heavily in media… Although NAB chairman boasted 66% conviction rates and claims that NAB has recovered Rs 535 bn worth of looted money.. But sceptics say that it is recovered from those areas where there low level officials were involved…
7) Uncertainty in the markets: People seldom take risks in the present environment of overactive NAB.. Especially the PSDP funds disbursement suffer undue delays due to reluctance of Public servants to untertake the initiative to evade the NAB radar..
8) Section 2 empowers NAB to work retrospectively from 1985 which further makes matter complicated as if it’s an instrument of oppression against political parties.. Which is contravires to the section 12 of Constition TAHT prohibits the retrospective punishment…
9) Article 25(b) Plea bargain: It’s controversial espacilly where institutionzed corruption is prevelent..
10) Extra-ordinary power to NAB chair: section 28 empowers NAB chair to appoint any person which he deems fit for the excellent functioning of the organization.. Which is rarely seen in democratic environment..
11) Section 6 (a) that deals with appointment of Chairman NAB.. That is also against The spirit of 18th amendment, as it mentions accountability neither in federal legislative list nor in concurrent legislative list present in 4th schedule of Constitution of Pakistan 1973.
Similarly article 142(c) allows provincial assemblies to make laws on anything not present in federal legislative list…
POINTS IN FAVOR:
1) 535 BN recovered
2) NAB is the focal organization under United Nation Convention against Corruption as Pakistan is a signatory of UNCAC…
3) Similarly NAB is the chairman of SAARC anticorruption Forum…
Way Forward:
1) Inclusive parliamentary committee on Accountability which has membership from almost all political parties of different regions not only National level political parties but regional level as well. As national consensus is not seen by the dialogue of PM and Opposition leader…
2) ‘Blue Ribbon’ advisory Committee and oversight board of model citizens
3). Third Party Audit of internal accounts and also accounts are made available the Public Accounts committee scrutiny..