ISLAMABAD: The National Assembly Standing Committee on Law and Justice, amid strong protest of the opposition members, passed the National Accountability (Second Amendment) Bill, 2021 and The National Accountability (Third Amendment) Bill, 2021 with majority votes.
The 65th meeting of the parliamentary panel was held under the chairmanship of Riaz Fatyana, here on Thursday. The committee considered the bills, “The National Accountability (Second Amendment) Bill, 2021 Ordinance No XXIII of 2021” and “The National Accountability (Third Amendment) Bill, 2021 Ordinance No XXVI of 2021”.
Naveed Qamar raised questions on the proposed legislation, while asking the secretary Law Ministry that whether these amendments were not against the Constitution and would be challenged in the court. Can there be two laws, said Qamar, to which, the secretary said that they would look into it. The opposition members were still raising questions; however, the committee chairman said that it has already been discussed in detail and now voting should be held; on which, the opposition members protested and insisted for further discussions. However, the chair announced voting and the bills were passed with nine to seven votes.
Later, Saad Rafique arrived and the chair counted it where the opposition votes increased to eight.
The opposition members said that the legislation was based on bad intent and the chair has shown bias. The opposition members walked out of the committee in protest.
Members from ruling PTI and its allied parties and the opposition exchanged harsh words against each other. The members from the opposition expressed their intent to submit note of dissent. After voting on both bills, members of the opposition left the meeting under protest.
According to the proposed legislation, in the National Accountability Ordinance 1999 (XVIII of 1999), hereinafter, referred to as the ordinance for section 4, following shall be substituted namely; Application - (1) This ordinance extends to the whole of Pakistan and shall apply to all persons including those persons who are or have been in the service of Pakistan, except persons and transaction specified in sub-section (2).The provision of this ordinance shall not be applicable to the following persons or transactions namely;
(a) all matter pertaining to the federal, provincial or local taxation, other levies or imports, including refunds or loss of exchequer pertaining to taxations,
(b) decisions of federal or provincial cabinet, their committees or sub-committees, council of common interest (CCI), National Economic Council (NEC), National Finance Commission (NFC), Executive Committee of the National Economic Council (ECNEC), Central Development Working Party (CDWP), Provincial Development Working Party (PDWP), Departmental Development Working Party (DDWP), and the State Bank of Pakistan,
(c) any person or entity or transaction in relation thereto which are not directly or indirectly connected with holder of a public office,
(d) procedural lapse in any public or governmental work, project or scheme, unless it is shown that a holder or public office or any other person has been conferred or has received any monetary or other material benefit from that particular public or governmental work, whether directly or indirectly on account of such procedural lapses, which the said recipient was otherwise not entitled to receive,
(e) an advice, report or opinion rendered or given by a public office holder or any other person in the course of his duty, unless there is sufficient evidence to show that the holder of public office or any other person received or gained any monetary or other material benefit, from that advice, report or opinion, whether directly or indirectly which the said recipient was otherwise not entitled to receive.
Upon the National Accountability (Second amendment) Ordinance, 2021 coming into force all ending inquiries, investigation trails of proceedings under this ordinance relating to person or transaction mentioned in sub-section 2 shall stand transferred to the concerned authorities, development and courts under the respective laws as the case may be.
According to the amendments, the president shall appoint any person as a judge of the accountability court;
(i) who is serving District and session judge or additional District and sessions judge, after consultation with the Chief Justice of the concerned High court;
(ii) who has been or has been acted as a judge of a high court or is a retired district judge or a retired additional district and sessions judge or a serving or a retired judge of a special court, not being more than 68 years of age at the time of appointment, after consultation with the Chief Justice of Pakistan.
A judge of the accountability court shall be appointed for a period of three years on such pay and allowances as that a judge of a high court.
Later, talking to media, opposition members said during the last three meetings, the committee chairman did not allow holding voting as they had not the required numbers to pass the bills. However, despite the request from opposition to delay the meeting by 30 minutes, as they were late due to heavy fog on their way, but the chairman did not delay the meeting and passed the bills.
The Committee considered the budgetary proposals of the Ministry of law and justice on PSDP for the financial years 2022-23, and approved the same. The ministry proposed a total of 17 projects including 11 ongoing and six new projects with proposed allocation of Rs6.810 billion for 2022-23.
During the meeting, the chairman appreciated the performance of the Ministry of Law and Justice, especially, its minister, for introduction of the almost 750 amendments in civil and criminal laws. It was also recommended by the committee that a booklet of these legal reforms be circulated among all members of the committee for perusal.
During the deliberations, the committee appointed a sub-committee with its TOR. However, the said committee will start functioning after the conclusion of the time period for the sub-Committee earlier in field.
Lal Chand, MNA will be the convener, while Nafisa Shah, Mohsin Nawaz Ranjha and Shunila Ruth members of the committee. Terms of reference will include reviewing laws relating to minority and the child rights. The report of the sub-committee shall be presented not later than 30 days.
Members/ MNAs/ movers, Atta Ullah, Lal Chand, Muhammad Farooq Azam Malik, Kishwer Zehra, Maleeka Ali Bukhari, Mehboob Shah, Malik Muhammad IhsanUllah Tiwana, Junaid Akbar, Shunila Ruth, Mehmood Bashir Virk, Usman Ibraheem, Khawaja Saad Rafique, Qadir Khan Mandokhail, Nafeesa Shah, Syed Naveed Qamar, Aliya Kamran, Minister for Law and Justice, and secretary Ministry of Law and Justice, along with their staff attended the meeting.
Copyright Business Recorder, 2022
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