The federal government has introduced new amendments to the National Accountability Bureau (NAB) law through a presidential ordinance, giving more powers to the anti-graft watchdog.
The NAB (Amendment) Ordinance 2023, which was signed by acting president Sadiq Sanjrani on Monday night, allows the NAB chairman to issue arrest warrants for the accused who do not cooperate in the investigation, and to detain them for 30 days instead of 15 days. The ordinance also provides for revoking the pardon of a witness who tries to hide something, and making it a crime to take or give gifts in exchange for benefiting someone.
The NAB chairman can also make a person a witness in the case, and the sworn witness will record his testimony in front of a magistrate. The government claims that the amendments are aimed at strengthening the accountability process and ensuring transparency and fairness.
The new ordinance may affect the accountability process of politicians and bureaucrats in several ways. According to some reports, the new ordinance will provide relief to nearly 100 high-profile cases involving former and current leaders and officials, who are accused of corruption, money laundering, misuse of authority, and other charges. The new ordinance will also transfer some matters to other authorities, departments and courts under the respective laws.
The government claims that the new ordinance is aimed at boosting the involvement of bureaucrats in developmental projects, and encouraging investment and industrialization in the country. Prime Minister Shehbaz Sharif said the amendment was introduced to save the bureaucracy from the NAB’s grasp over erroneous regulations. He also said that the FIA will hold the civil servants accountable instead of the NAB.
However, some critics argue that the new ordinance has made the NAB laws toothless, and has weakened the accountability process. They say that the new ordinance has given more powers to the NAB chairman, who can revoke the pardon of a witness, issue arrest warrants, and detain suspects for longer periods. They also say that the new ordinance has barred the investigation officers from putting figures on assets beyond means, and has made it harder to prove that someone has earned money from unfair means. They fear that the new ordinance will undermine the transparency and fairness of the accountability process, and will protect the corrupt and influential people from justice.
The ruling coalition is accused of exploiting the anti-corruption bill as a tool for “political engineering,” despite the fact that it rejected similar changes while it was in opposition.
Legal experts argue that these amendments expose the true intentions behind the revised law, creating the perception that the anti-corruption body is being used against political opponents once again. Former special prosecutor of NAB, Imran Shafique was quoted as saying in Tribune that the government has deviated from its previous positions, both within and outside parliament, and the new ordinance appears to be specifically aimed at targeting the opposition, particularly Imran Khan, his family members, and party leaders.
The timing of the ordinance is essential, the legal experts emphasise, as it will be in force for the following 120 days, which coincide with the general elections. This enables the government to potentially use NAB during this time to target the opposition, including Imran Khan, before a new administration takes office.
