PPP, PML-N seek NAB law tweaks effective from ‘99

Proposed changes include not reopening closed case

ISLAMABAD:

As the deadlock on changes to the law governing the country’s top anti-graft body persists, the opposition parties have issued the draft containing the amendments they seek to the National Accountability Ordinance (NAO) including bringing them into effect from the year 1999.

The changes proposed by the PPP and the PML-N also include that a case would fall under the domain of the National Accountability Bureau if the “offence of corruption and corrupt practices as defined in Section 9 and each of the other offences defined in this ordinance of the value not less than Rs1 billion.”

They have also proposed that the term benamidar would not apply to person standing in a fiduciary capacity for the benefit of another person i.e. a trustee, executer, partner, director of a company, agent or legal adviser.

Similarly, it would not apply to a spouse, a child under the age of 18 years, brother, sister or lineal ascendant or descendent or an individual appearing as joint owner of property.

The NAB chairman shall refer the matter to a court for approval and for the release of the accused, if in custody if the closure of inquiry or investigation against an accused was communicated to him and a closed case would not be reopened.

The opposition parties have further proposed that the prosecutor general accountability would be a person qualified to be appointed as a judge of the Supreme Court.

The prosecutor general shall be appointed by the president in consultation with the leader of the house and the leader of the opposition in the National Assembly.

The prosecutor general would be appointed for a non-extendable term of three years and shall not be eligible for re-appointment.

In addition, the prosecutor general would hold independent office on a whole-time basis and shall neither hold any other office concurrently nor practice private law.

The salary structure of the prosecutor general would commensurate with that of a Supreme Court judge.

In case the prosecutor general was absent or unable to perform the functions of his office due to any reason whatsoever, the senior-most additional prosecutor general shall be notified to act in their place by the NAB chairman.

Nothing shall be construed as misuse of authority by a holder of public office unless there is corroborative documented evidence of accumulation, through misuse of authority, of any monetary benefit or asset to constitute an offence under this clause.

During the course of an inquiry or investigation, any property moveable or immoveable, shall not be placed under any caution or restraint unless it was sanctioned by the court upon appearing reasonable grounds for believing that the accused has committed an offence under the ordinance and the property in was its outcome. The Court shall not pass any order without issuing a notice and providing an opportunity of hearing to the affected person.