CJP terms NAB law tweaks ‘dubious’

Rejects accountability watchdog’s appeal against LHC order to notify accused before arrest

ISLAMABAD:

Chief Justice of Pakistan (CJP) Umar Ata Bandial has observed that the amendments made to the National Accountability Ordinance, 1999 (NAO) – the law that governs the country’s top graft buster, the National Accountability Bureau (NAB)— in July this year “are dubious”.

The CJP made this remark on Wednesday while hearing NAB's appeal challenging the Lahore High Court’s (LHC) December 2019 order.

A division bench of the LHC on December 26, 2019 barred NAB from issuing arrest warrants for Latif without prior information. The LHC directed the anti-corruption watchdog to inform in advance whether it wanted to arrest the petitioner.

During the proceedings, the anti-graft watchdog's prosecutor Rizwan Sati argued that notifying the accused before arrest is against the law. CJP Bandial, however, maintained that Latif's case was at the inquiry stage and that an accused could not be arrested at this stage.

In his argument, the NAB prosecutor said that following the amendment made to the accountability law on July 3, "arrests could now be made during the inquiry phase".

The chief justice observed that NAB law amendments are "suspicious" and in conflict with the SC orders.

"How can someone being summoned for questioning be put behind bars?" questioned the CJP, adding that the NAO, 1999 was a draconian law until 2001. He, however, commended the amendments made to the law to reduce the period of remands and grant of bail.

In his remarks, Justice Athar Minallah, who was part of the bench, said the NAB law should only be interpreted according to the court decisions and the Constitution.

Subsequently, the apex court rejected NAB's appeal challenging the requirement of notifying the accused before arrest.