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NAB law explainer: Anti-graft body now restricted to corruption over Rs500m

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Pakistan anti-corruption law has been further amended, on the recommendation of the national assembly’s standing committee on law and justice. After which, on Wednesday, the national assembly passed the National Accountability (Second Amendment) Act 2022.

This is the second time the law has been altered by the coalition government, since coming to power in April. Previously changes were made to the anti-corruption law in May.

It is important to mention that the PTI has challenged the changes made to the anti-graft legislation in the Supreme Court of Pakistan, which is expected to take up the case soon.

What new revisions have been made to the law that governs the National Accountability Bureau? Geo.tv lists down the changes:

  • Now an offence will fall under the NAB law only if a person commits corruption of the value of more than Rs.500 million. This means that NAB “has been fixed to take action against only mega scandals,” stated the standing committee when approving the amendments.
  • Previously, the prosecutor general’s term was non-extendable. Now the three-year-term can be extended.
  • After an investigation is completed by NAB, no supplementary reference can be filed in a case unless new evidence comes to light.
  • Earlier the NAB chairman could call “any person” or request “any document” during an inquiry. As per the revisions, now the accountability body can only summon those people and documents relevant to the inquiry or investigation.
  • Previously the chairman NAB, with approval from the court, could direct any suspicious person’s surveillance and seek the assistance of any government agency. This section has been removed.
  • Under the earlier law, banks and financial institutions were to report unusual or large transactions to the NAB. Now, the law states that the transactions should be over Rs. 2 million to be considered “unusual”.
  • At the time of the arrest, the NAB will have to inform the person of the charges against him/her, and any person called to provide information shall be informed of the allegations so the person is able file a defense.
  • Earlier the NAB law stated that if someone absconds, to avoid being served or evades punishment, he/she will be guilty of an offence with three years’ imprisonment. This has been omitted.
  • Even after a reference is filed the NAB chairman can withdraw the case if it is “unjustified”, before the charges are framed.
  • A person entering into a plea bargain or voluntary return shall not prejudice the case of another accused
  • If it comes to light that the plea bargain was a result of duress or coercion, during the inquiry, the court may recall the plea bargain
  • Earlier the amount from plea bargain and voluntary returns was to be deposited with the federal or provincial government within one month. That has been omitted.

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PM Shehbaz will meet with Saudi ministers and speak at the WEF special session today.

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On the third day of his visit to the Kingdom, Prime Minister Shehbaz Sharif will speak at the World Economic Forum Special Meeting’s final plenary, which is titled “Rejuvenating Growth.”

Other speakers at the concluding plenary, in addition to the prime minister, are Saudi Arabia’s Minister of Economy and Planning Faisal Alibrahim, British Secretary of State David Cameron, WEF Geneva President Brørge Brende, and WEF Head of Middle East and North Africa Maroun Kairouz.

Meetings with Saudi ministers of trade, energy, the environment, and agriculture are also scheduled for the third day of the prime minister’s visit. He will probably also meet with his counterpart from Malaysia.

Mohammed bin Salman, the prime minister and crown prince of Saudi Arabia, will be present at the World Economic Forum’s (WEF) Special Meeting on Global Collaboration, Growth, and Energy for Development, which gets underway here today.

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The nomination of Ishaq Dar as deputy prime minister raises concerns.

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15 hours ago

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A lot of doubts have been raised by Ishaq Dar, the foreign minister, being appointed deputy prime minister.

No reference to the Constitution, regulations, or any other law was mentioned in the Cabinet Division’s notification of the appointment.

What powers Prime Minister Shehbaz Sharif used to designate Ishaq Dar as deputy prime minister has come under scrutiny in light of this.

There are questions about the legal foundation for the deputy prime minister’s nomination as it appears from the notification’s phrasing that rules for the position have not yet been established, according to insiders.

Likewise, the announcement is vague about the deputy prime minister’s proposed authority.

Deputy prime minister would be purely symbolic, according to government sources, and would not be authorized to carry out prime ministerial duties. In Pakistan, the deputy prime minister has previously been nominated.

The PPP administration appointed Chaudhry Parvez Elahi as deputy prime minister.

Observe that Foreign Minister Ishaq Dar was appointed deputy prime minister on Sunday with Prime Minister Shehbaz Sharif’s consent; the Cabinet Division formally announced the appointment.

Dar holds the position of Pakistan’s fourth deputy prime minister. Previous appointments to the position of deputy prime ministers included Parvez Elahi, Zulfikar Ali Bhutto, and Begum Nusrat Bhutto.

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Audio leaks case: FIA, PTA, and PEMRA pleas seeking Justice Sattar’s recusal dismissed

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The Islamabad High Court fined each of the three government departments Rs. 500,000 on Monday after dismissing their arguments against a bench trial over audio leaks.

The court may also hold the heads of the aforementioned departments—the Pakistan Telecommunication Authority (PTA), the Pakistan Electronic Media Regulatory Authority (PEMRA), and the Federal Investigation Agency (FIA)—culpable for contempt.

In the audio leak case, four government agencies—the PEMRA, PTA, FIA, and Intelligence Bureau—filed separate petitions with the IHC, pleading for Justice Babar Sattar’s recusal and asking for the case to be heard by the same bench that has previously decided a case of a similar nature.

The petitioners contended that in order to prevent a different ruling, Justice Babar Sattar should recuse himself from the case that was decided in 2021. The petitions of Bushra Bibi, the wife of Pakistan Tehreek-e-Insaf founder Imran Khan, and Najamul Saqib, the son of former chief justice of Pakistan Saqib Nisar, should also be brought before the same bench.

During the current hearing, Justice Sattar also issued a summons to IB Joint Director General Tariq Mehmood, directing him to come before the court for the case’s subsequent hearing.

Following the issue’s discovery in 2023, the judge has been considering the aforementioned petitions.

The government agencies contended in the petitions in the case before Justice Sattar that Justice Mohsin Akhtar Kayani had already resolved an analogous issue in 2021. Thus, in order to prevent a conflicting ruling and for the sake of justice, they asked the judge to recuse herself from the case.

The departments are requesting that Justice Sattar recuse himself after six IHC judges—among them, himself—complained in writing to the Supreme Judicial Council (SJC) about intelligence agencies interfering with the court’s decision.

On March 25, the judges called for the calling of a judicial convention to address the issue of purported meddling by intelligence agents in the judicial activities or “intimidation” of judges in a way that jeopardised the judiciary’s independence.

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