ISLAMABAD: The National Accountability Bureau (NAB) informed the apex court that in 25 accountability courts all over the country 1,226 references are pending, while under Section 16(a) of the National Accountability Ordinance, 1999, a timeframe of 30 days is set for the conclusion of trial by the Accountability Court, and is required to conduct day-to-day proceedings.
NAB Chairman, former Justice Javed Iqbal, submitted the report in pursuance of the Supreme Court.
He submitted that the maximum increase be made at Lahore, Karachi, Rawalpindi/Islamabad, and Balochistan.
The main reasons for the delay in concluding trials in the assessment of the NAB cases are that the defence files miscellaneous applications in which interlocutory orders are made by the Accountability Courts. It results in stalling the main proceeding and hampers the progress of trials.
To curb this tendency, timelines be set to decide such applications and frivolous application be dismissed with costs.
To further complicate matters these orders are assailed with the appellate forums, wherein, at times, stay orders are granted and resultantly the proceedings are suspended.
Therefore, timelines be also set to finalise these matters within the stipulated time.
The biggest hurdle, which is plaguing the smooth proceedings and causing massive delays in trial, is the long list of witnesses because of the present legal requirements, additionally, if an accused or witness is not available the proceeding get stalled to fulfill the requisite requirements of the CrPC that at time, the matters are adjourned sine die or consigned to record.
The NAB law primarily deals with the white-collar crime, therefore, the procedure laid down in the CrPC should be followed to ensure transparency and merit but in case, the Accountability Court feels that there is deliberate pre-mediated delay, it should exercise the powers vested in it by law under the NAO, and devise an expeditious procedure in consonance with the principles of natural justice to obviate delay.
The report said that under the NAO, 1999 vide sub-clause (g) of Section 5 envisages that a judge of the Accountability Court shall be appointed by the president of Pakistan in consultation with the chief justice of the relevant High Court.
The report said that this is a lengthy procedure, therefore, a guidelines be set directing the Ministry of Law and Justice to finalise the name of Accountability judge within a period of 10 days.
The tenure of an Accountability Court judge be enhance from three to five years to ensure continuity.
Copyright Business Recorder, 2020
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