Govt to hold talks with opposition on NAO, electoral reforms

PM chairs important meeting on NAB chairman’s appointment


Hasnaat Malik October 02, 2021

ISLAMABAD:

The ruling Pakistan Tehreek-e-Insaf has decided to engage opposition parties regarding amendments in the National Accountability Ordinance 1999 as well as electoral reforms.

Prime Minister Imran Khan on Friday held an important meeting with senior federal ministers as well as government legal minds regarding appointment/extension of National Accountability Bureau (NAB) Chairman Justice (retd) Javed Iqbal.

During the meeting, participants agreed to bring major amendments in NAO 1999 and it was decided that the opposition parties should be taken on board in this regard.

Talking to The Express Tribune, Information Minister Fawad Chaudhry confirmed that the government has decided to talk with the opposition parties regarding amendments in the NAB law as well as electoral reforms.

Read more: Govt may retain Javed Iqbal as NAB chief

"We want legislation on both issues with consensus," Fawad said, adding that the government and opposition had similar views regarding most of the amendments in electoral reforms.

Political analysts believe that it is a major shift in government strategy by deciding to negotiate with opposition on significant legislation.

Earlier, it is learnt that Fawad was in contact informally with Pakistan Muslim League-Nawaz (PML-N) Senator Azam Tarar regarding amendments in NAO 1999. A senior PML N leader believes that the party should not oppose the government proposals regarding amendments in NAB law.

He said, “Something is better than nothing.”

Last week, Attorney General for Pakistan Khalid Jawed Khan sent a draft of amendments in NAO 1999. He proposed that an accountability court should be given the jurisdiction for granting bails to the accused. Likewise, the chairman’s power of arrest should be structured in line with superior courts’ judgments.

Similarly, the Supreme Judicial Council should be a forum to proceed on the complaint of misconduct against the NAB chairman. The AGP also proposed that consultation with leader of opposition in National Assembly regarding appointment/one term extension of NAB chairman should be mandatory.

Sources informed that the AGP insisted that the SJC should be a forum regarding removal of the NAB chairman. Upon this, majority of participants agreed with him. Likewise, most of them supported the AGP’s proposal to consult leader of opposition for the NAB chairman’s appointment.

Also read: Govt yet to decide NAB chief’s tenure

The AGP suggested that the NAB chairman should issue power of arrest after consultation with prosecutor general, who will apply his independent mind.

He, however, did not endorse consultation with the chief justice of Pakistan in this regard. It is also learnt that the AGP also expressed reservation over the government's bill on the use of electoral voting machines (EVMs).

Likewise, it is learnt that Law Minister Dr Farogh Naseem also gave his own proposals regarding amendments in NAO 1999.

One of the participants informed that 90 per cent of his proposals endorsed the AGP suggestions. However, he gave different views regarding consultation process about NAB chairman as well as procedure about his removal.

It is learnt that participants discussed whether the SJC should be a forum to proceed against the NAB chairman or something else. Likewise, whether the code of conduct of judges will apply to NAB chairman or there should be a separate code of conduct in this regard.

Law Minister Naseem while talking to The Express Tribune said that deliberations are still continuing. "However, nothing has been finalised for giving extension to incumbent NAB Chairman Iqbal, consultation with leader of opposition regarding new appointment/extension and procedure of NAB chairman’s removal.

The PM held two exclusive meetings on the NAB chairman’s appointment matter this week. The first meeting was held on Tuesday and second on Friday.

Meeting

Insaf Lawyers Forum Chairman Ali Zafar suggested that in order to ensure transparency in the accountability process, leader of opposition in NA should be consulted.

However, another federal minister confirmed that the government will extend the tenure of incumbent chairman till appointment of his successor. Likewise, consultation process regarding the new chairman’s appointment will be started. Several names including incumbent NAB chairman will be shortlisted for a four-year appointment.

It is also learnt that the government will try to finalise draft of amendments in NAO 1999 within a week.

It is also learnt that federal ministers would refrain from giving comments on the Election Commission of Pakistan’s (ECP) conduct.

SC suggestions on NAB law

The Supreme Court had proposed that legislature might amend the NAO, 1999 appropriately in order to enable an accused person to apply for his bail before the relevant accountability court in the first instance. At present, NAO, 1999 does not allow an accused to apply for bail.

It had also recommended that the unrealistic timeframe for conclusion of a trial as specified in Section 16(a) of the NAO, 1999 may also be reconsidered and revisited by the legislature.

On January 15, the apex court gave three months to the federal government for an appropriate legislation regarding the NAB chairman’s power of voluntary return (VR) option available for obtaining illegal money from the accused.

Earlier, the government did not want the VR option to be completely abolished but was considering insertion of a provision to dismiss a civil servant who enters such deal. Likewise, a public officeholder should be disqualified for 10 years.

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