Despite concerted efforts at all levels in Pakistan corruption went unchecked until National Accountability Ordinance, 1999 was promulgated. The aim and objective of the newly promulgated anti-corruption laws called Accountability Laws read as under:
"to provide for the setting up of a National Accountability Bureau so as to eradicate corruption and corrupt practices and hold accountable all those persons accused of such practices and matters ancillary thereto";
This Ordinance came into force from 1st day of January, 1985 and is capable of dealing with corruption cases of fraud in business ie underinvoicing/overinvoicing, fraud in sale of government assets, fraud in sale of bonds and investment certificates, fraud in obtaining bank loans, briber graft and gifts by public office holders, adulteration in food and drugs, financial scams involving public, tax and duty evasion/avoidance, purchase of prize-winning bonds to whiten the black money earned through corruption, land mafia scam, money laundering, misuse of authority in tendering, pseudo foreign exchange remittance through "Hundi" and "Hawala".
Benami, purchase of property, commission and kickbacks by high profile politicians and government servants, credit card related crimes, misuse of authority, besides gratification cases.
The Convention, which came into force on 14 December, 2005, has accelerated the retrieval of stolen funds, push banking centres to take action against money laundering, allow nations to pursue foreign companies and individuals that have committed corrupt acts on their soil, and prohibit bribery of foreign public officials.
Low-income countries that embrace and implement the convention will have a head start in the race for foreign investment and economic growth. According to the report of Transparency International the position of Pakistan with 2.1, score in 2005 was 13th from the bottom as in 2004.
However in 2003 it scored 2.6, and this year the downslide has stopped. Vice Chairman & CEO Transparency International Pakistan has said that in recent years the CPI method has been changed, and CPI is now average of three years, and the positive effects of reform programme are expected to be reflected in the year 2006 and 2007.
However Transparency International Pakistan has warned that unless the reforms carried out in past three years are implemented across the board, Pakistan corruption perception index next year would be worse.
There is no specific anti-white collar crime legislation world over. However some laws have been made to deal with this menace in United States of America and anti-white collar crime centres have been created in big cities like New York and Washington. In Pakistan there were three anti-corruption agencies as well as three anti-corruption sets of laws prevalent in the country.
Federal Investigation Agency (FIA) used to take care of federal subjects whereas Provincial Anti-Corruption Establishment used to take care of the provincial subjects in their respective provinces. National Accountability Bureau (NAB), being a Federal Agency with wide powers and laws having overriding effects was looking after whole of Pakistan.
However, in 2004 section 409 PPC was deleted from FIA Act and all cases pending in special courts were transferred to NAB. Now there are only two anti-corruption agencies, NAB and ACE.
On the other hand Section 161 to 165-A Pakistan Penal Code, 1860, Section 5 Prevention of Corruption Act, 1947 and Section 9 of the National Accountability Ordinance, 1999 are the main tools in the hands of enforcement agencies of anti-corruption laws. The Provincial Anti-corruption Establishment uses the first two sets of laws while the National Accountability Bureau uses the third set of laws.
NATURE: National Accountability Ordinance is a composite law that not only includes the penal provisions but also creates the Bureau and the Accountability Courts whereas in case of Anti-Corruption Establishment the law was promulgated in 1947 (the Prevention of Corruption Act, 1947) whereas investigation agency was created in 1948.
PUNISHMENT: Maximum RI under the National Accountability Ordinance is 14 years, whereas under PCA it is 7 years and under PPC it is 3 years.
INVESTIGATION AND REMAND: Maximum remand possible under the National Accountability Ordinance is 90 days while that under the other two laws it is 14 days.
PLEA-BARGAIN: Under NAO the provision of voluntary return (Plea-bargain) is provided whereas there is no such parallel provision in the other two enactments.
The above provisions as well as certain others have created a situation of differential treatment between the offenders in same crime. Chief Justice of High Court of Sindh in one of his judgements observed, "Only such cases are to be referred to Accountability Courts where chances of Plea-bargain are there."
DIRECT RECOVERIES

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•     Recovery of Bank default as on 31 June 2001     37.341 billion
•     Total corruption money through Plea Bargain     01.064 billion
•     Recovery through Courts                         01.056 billion
•     Total                                           39.461 billion
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Indirect Recoveries
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•     PTCL                                            05.597 billion
•     CDA                                             02.484 billion
•     Under Process Recovery to Banks From:-
•     Avaris                                             1.4 billion
•     Lakhanis                                           1.5 billion
•     Custom duty evasion - Wine trader Karachi          0.1 billion
•     Total                                           11.081 billion
      Total Recoveries All Inclusive               Rs 50.542 billion
      Total Amount Remitted to AGPR                    0.768 billion
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After 5 years.
According to the statistics of NAB report, 2005 following are the recoveries of looted public money:-
DIRECT RECOVERIES

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•     Punjab          Voluntary Return                 84,925,146.00
•                     Plea Bargain                    399,936,676.00
•                     Voluntry Return                 138,018,193.00
•                     Plea Bargain                    304,997,712.00
•                                                     927,827,727.00
•     Sindh           Voluntry Return                 308,504,226.00
•                     Plea Bargain                    150,610,970.00
•     Balochistan     Voluntry Return                  12,597,446.00
•                     Plea Bargain                     29,141,062.00
•     Total                                           500,856,704.00
•     NWFP            Voluntry Return                  23,433,095.00
•                     Plea Bargain                      9,258,884.00
•     Total                                         2,061,675,410.00
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NAB's report 2005 after working for 5 years redefined the term corruption as follows: "Corruption evolves such behaviour on the part of office holders in the public or private sector whereby they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed."
-- "More simply it comprises the misuse of entrusted power for private benefit".
-- According to the report now, the types of corruption identified in Pakistan are of the following types:-
EXTORTION: This is one of the ugliest forms of corruption, in which innocent people are forced to pay for none of their faults;
ABUSE OF PUBLIC OFFICE: Such as using the advantage of a tax audit or legal sanctions to extract personal favours;
BRIBERY: It takes two to breed corruption: giving and taking bribes;
GRAFT: Graft is the act of a public office holder personally benefiting from public funds in a way other than prescribed by law;
CAMPAIGN CONTRIBUTIONS AND SOFT MONEY: In the political arena, it is difficult to prove corruption, but impossible to prove its absence.
Concluding the causes and effect of corruption NAB report says: Until and unless a foundation for true democracy and independent, impartial and honest judiciary is laid in this country, the prospects of elimination of corrupt practices will be a tall order.
No matter how far advanced the problem of corruption is, it can be fought. It hurts everyone, and it is up to each person to oppose it by adopting an approach that is at once consensual, idealistic and pragmatic. It is useless to hope for miracle formulas or instant solutions.
(The writer is Deputy Prosecutor General Accountability, NAB)
(Concluded)