Ministry finalises plan to set up 120 accountability courts

The law ministry has finalised a comprehensive plan to ensure speedy dispensation of justice and to comply with the directions of the Supreme Court to the federal government for establishing 120 accountability courts across the country.

The plan – which will be presented to the prime minister for consideration in the coming days – includes the overall human resources requirement and financial matters regarding the establishment of the additional courts.

“The federal government has been vigorously focusing to expedite the process of accountability across the board, for which these additional accountability courts would be established,” the ministry said in statement on Thursday.

At present, there are 24 accountability courts, functioning in Islamabad, Rawalpindi, Peshawar, Lahore, Multan, Karachi, Hyderabad, Sukkur and Quetta. In addition, five vacant posts in the accountability courts had been filled through a notification issued on July 14.

Earlier, the government had informed the apex court that Rs2.86 billion per annum would be required to establish 120 such courts. The ministry also informed the Supreme Court that it had started consultation with the relevant stakeholders to set up more courts.

The government reply was submitted after the apex court’s order on July 8, wherein it directed the government to take action for setting up of the accountability courts to clear a huge backlog of cases as well as vacancies in five accountability courts.

Moreover, it was revealed that a total of 975 corruption cases were pending in 24 accountability courts in the country. The figure is much lower than 1,226 pending cases submitted by the National Accountability Bureau (NAB) to the Supreme Court.

The ministry report also shared with the apex court the details of the pendency in each accountability court, pointing out that less than 80 cases were pending in each court, while the average pendency in an accountability court was less than 60 cases.

The law ministry revealed that the expenditure to establish a new accountability court came to Rs23.87 million per annum. Consequently, an amount of Rs2.86 billion per annum would be required to establish 120 accountability courts.

The ministry also detailed the requirements for establishing the new courts, including creation of posts by establishment and finance divisions, approval of budget from finance division as well as the federal cabinet and final approval of the federal cabinet.

During the hearing on July 8, the Supreme Court had also ordered the federal government to immediately appoint judges at five “vacant” accountability courts while “proposing” to establish at least 120 accountability courts in the country to deal with 1,226 pending cases.

The accountability courts were established under the National Accountability Ordinance (NAO) 1999 to adjudicate corruption references filed by NAB within 30 days. However, a three-judge bench—hearing a suo motu case regarding delay in trial of corruption cases – noted that some corruption cases had been pending for even 15 to 20 years.

In its three-page written order issued after the hearing, the bench—led by Chief Justice of Pakistan Gulzar Ahmed—said it was unable to find the rationale and logic behind the courts left “vacant” for a long period by the relevant authorities, adding that NAB had provided no reason for this.

The order said the whole purpose of making accountability law seemed to be rendered futile if judges were not appointed to vacant courts. It noted that huge pendency of NAB cases demands appointment of more than hundred judges.

“In view of the prevailing situation, the court has directed secretary law to immediately get instruction regarding its proposal about creation of at least 120 accountability courts and to fill up such courts with judges and distribute all cases among them for expeditious disposal of cases,” the order said.

“The strength of accountability court all over Pakistan shall immediately be increased by the government in order to ensure that all the pending accountability cases come to their logical conclusion at fast pace and at least within three months time.”