Revamping: NAB increases role of prosecution

Sets a benchmark of 75% conviction rate; orders constant monitoring, evaluation and inspection of prosecution process.

ISLAMABAD:

National Accountability Bureau (Nab) has decided to jack up its prosecution department and upped the benchmark for conviction rate through a new strategy under which prosecutors, instead of investigation officers, will be drafting references. 

The decision was taken after NAB Chairman Qamar Zaman Chaudhry took note of the fact that prosecution work was as important as investigation, said a statement issued by the accountability body on Sunday.

It said:”Unless the cases are presented and prosecuted properly in the courts of law, the end result cannot be termed satisfactory from NAB’s point of view.”

According to the statement, NAB has set a benchmark of 75% conviction rate, against the existing 65% in line with the changes in strategy with special focus on prosecution department.

“NAB chairman has constituted a committee, comprising representatives from prosecution, investigation and human resource (HR) division to devise a mechanism for inspection, monitoring, and evaluation of NAB prosecution to improve its performance,” the statement said.

On finalisation of the recommendations of the committee, it said, these directions would be issued by the bureau as ‘executive orders’.

It has been decided that monitoring and inspection teams (MIT) will be constituted at headquarters and regional NAB levels to discreetly carry out random checks and report performance of the prosecution to prosecutor general accountability (PGA).

“It has been decided that the concept of combined investigation teams (CIT) will be developed for investigations. Each CIT will consist of two investigation officers (IOs) and a legal counsel (LC)/prosecutor,” the statement said.

It said on finalisation of the Investigation, the prosecutor/LC would meticulously prepare the case for trial and prepare the reference to be filed in court. “It shall be the responsibility of the concerned investigation wing (IW) to address the queries raised by the prosecutor/LC.”

In order to ensure the prosecutor’s full involvement in the case, NAB has assigned him the responsibility to prepare the draft reference.

“He will present the reference in the executive board meeting (EBM). The same prosecutor will submit the reference in court and will follow up for successful prosecution,” the statement said.

It said that prior to the filing of reference the concerned director general (DG), deputy prosecutor general accountability (DPGA), IO and senior prosecutor entrusted with the case would determine the timeline for execution of the case and each reference would be monitored by the DPGA on a weekly basis to ensure adequate progress of the case against the agreed timeline.

“It has also been decided that NAB prosecutors will not ask for adjournments and defence requests for adjournments will be opposed. Prosecution will ensure that all objections to the adjournments are recorded in Order Sheets and the judge’s attention is drawn to S.16 (a) of NAO, 1999.”

It said the IO would also not appear before the court unless there were orders of the court to this effect or his statement had to be recorded.

“The PGA has also categorically conveyed to the regions that since the reference is finalised after thorough consultation within NAB, its failure is not the sole responsibility of the IO.

“Rather there shall be collective responsibility of all including the DG and the DPGA. The failed cases should be analysed and lacunas highlighted so that the same mistakes are not repeated,” it added.

Published in The Express Tribune, June 9^th, 2014.