Regional Commissioner, Income Tax, Corporate region, S. M. Athar has said that the National Accountability Ordinance is not sufficient in itself for eradication of corruption from the society. Athar was speaking as chief guest at a seminar 'Understanding of Accountability Laws in Pakistan' organised by the Karachi Income Tax Bar Association on Monday. He said the accountability laws how stringent they might be would remain ineffective as long as the civil society and the legal fraternity did not come to its help.
He said he viewed accountability as a two-dimensional activity - formal and informal accountability. The preamble of the NAB ordinance has accommodated this aspect of the process of accountability in appropriate manner.
He said the preamble has elaborated the purpose of the law that is to be implemented by the NAB officials and NAB courts along with the responsibility that befalls on the civil society and the legal fraternity.
This is an outstanding feature of the law. It has highlighted the necessity of public awareness and need for co-operation among stakeholders. The civil society has to exert its authority and see that corruption stops.
A leading lawyer, Yawer Farooqi, in his presentation said that from a number of proceedings it seemed as if the National Accountability Bureau had been pursuing process of selective accountability.
At times, there had been political expediencies that affected the transparency of the entire process of accountability, he added.
He referred to two federal ministers, Faisal Saleh Hayat and Aftab Ahmed Sherpao, who were under investigation and references were pending against them when they were inducted into the federal cabinet.
He said that the whole process of accountability got sidelined and the ruling clique got a bad rap.
He said that when the government-supported party required the requisite numbers to win majority in parliament, the government resorted to political expediency.
"Result: the same people against whom corruption cases were pending were now in the policy-makers' good books."
He said the government inducted faces which were questionable and against whom references were pending in the NAB. "This is not accountability," he added.
Farooqi referred to cases where accused were tortured, abused, and humiliated to extract information from them or to get their confessional statements.
He said these abuses were similar to "abuses reported from Abu Gharib".
He said violation of human rights and denial of access to accused persons seeking help from proper judiciary is against the basics of the dispensation of across-the-board justice.
He said that the NAB ordinance was a breach of constitutional provisions relating to fundamental rights. Denying arrested persons due process of law and detaining them for a period longer than that was provided in the Criminal Procedure Code and stripping politicians of their political rights were definitely draconian steps.
Farooqi questioned amendment in the NAB Ordinance in February 2000 shifting the burden of proof on the accused, who must show that he/she acted in public interest. As a matter of fact, the framer of charges should come up with his case and let the accused defend himself/herself.
He said the NAB chairman has the sole authority to decide in cases of bail, withdrawal of cases or continuing with legal process.
The absolute powers of the chairman are in contradiction with the principal of justice dispensed through superior judiciary.
He questioned the system and procedure of plea bargain and said that cases were reported where the plea bargain was reached at through torturous means. He cited the case of Sultan Lakhani in support of his argument.
Farooqi dwelt at length on the power-clipping of the judiciary through NAB laws and talked about the assertion by the judiciary in a few cases and regaining lost power.
He criticised powers of the NAB chairman, procedure for his appointment and removal. The complications that unnecessary interference with the existing system of judicial accountability and its ramifications also formed part of his deliberations.
He questioned the wisdom of keeping armed forces away from the ambit of the NAB laws. In his views, the pretext that the armed forces have their own system of accountability and, therefore, are outside its ambit is not appealing.
He said that NAB should dispose of cases within 30 days as was required by NAB laws.
"However, the reality is entirely different," he added. Farooqi said that cases have begun to pile up and there would be overcrowding of cases after some time.
He said: "NAB must also think of seeking conviction from record and not from the testimony of approvers against whom reference may has been pending."
He said that encouraged by the work being done by the NAB a new judicial system through the establishment of Federal Court was in the offing.
He looked at this court with suspicion and said that the appointment of judges seemed attractive and alluring.
The tenure of the Federal Court Judge is till age 68. It is more than the retiring age of a judge of the Supreme Court - 65 years. A retiring high court judge at 62 would be keen to be absorbed for another six years.
A retiring judge of the Supreme Court at 65 will look forward to another three years. And more so, grade 21 officers can be appointed judges of the Federal Court with post equivalent to the post of a high court judge.
He said the proposed Federal Court would have its laws to hold people accountable for their crimes.
Barrister Umair Majeed Malik, legal consultant of the NAB, who had substituted Sindh NAB chief Major General Haroon Sikendar Pasha, talked about the NAB laws and explained its extent and limitations.
He said the NAB had so far recovered Rs 180 billion looted money from bank defaulters, corrupt public servants and armed forces personnel.
He said that there were delays in disposal of cases and there was need to speed up.
He said that the defence should try to avoid adjournments and prepare cases for its quick disposal.
"On the one hand we have the question of fair trial and on the other speedy disposal," he added and said the lawyers' fraternity would have to co-operate with the NAB to speed up disposal of cases.
ITBA general-secretary Ali A. Rahim introduced the guest speakers. ITBA president Yunus Rizwani Shaikh presented address of welcome and vice-president Arshad Siraj presented vote of thanks.
A large number of the ITBA members attended the seminar and termed it a meaningful exercise.