ISLAMABAD: While a requisitioned session is being summoned to take up the privilege motion moved by Deputy Chairman Senate Saleem Mandviwalla against Chairman National Accountability Bureau (NAB) former Justice Javed Iqbal and other senior officials of the accountability watchdog, the Parliament has no powers to clip the powers of NAB, except through legislation, or remove chairman NAB from his office or initiate any disciplinary action against NAB officials.
As part of parliamentary business, the motions moved by the senators are referred to the relevant standing committees, which implies that Mandviwalla's motion would be referred, if its admissibility is allowed by the chairman Senate, to the Senate Standing Committee on Rules of Procedures and Privileges.
"The privilege motion can be debated in the House in detail in the requisitioned session and it can be referred to the relevant standing committee but there is not much the House can do about NAB. The Senate can pass a resolution against chairman NAB suggesting his removal from office or initiating action against him and such a resolution can also be passed by the relevant standing committee but these resolutions are not binding," said a senator on condition of strict anonymity.
"A resolution related to Executive (government) simply reflects the sense of the House. It is up to the government whether or not it honours the resolution. Moreover, neither government nor Parliament has any administrative jurisdiction on NAB as it is completely an independent constitutional entity," the source said adding that it is unlikely that opposition would try to resort to legislation to curtail NAB's powers as chances of the passage of any such bill from Parliament are very small.
"A lawmaker may resort to strong-worded verbal attacks on NAB and hold hard-hitting pressers but practically there is not much that can be done against the national accountability watchdog other than passing resolutions in condemnation of NAB's actions and suggesting or demanding action against NAB officials for allegedly harassing a lawmaker," the source said.
The senator referred to the Rule 134 (1) of the Rules of Procedures and Conduct of Business in the Senate 2012, which clearly links a resolution with an opinion, recommendation, urge or a request. "A resolution may be in the form of a declaration of opinion, or a recommendation, or convey a message, or commend, urge or request an action, or call attention to a matter or situation for consideration by the government, or in such other form as the chairman may consider appropriate," this rule reads.
Unlike President of Pakistan who can be impeached by the Parliament by two-third majority, chairman NAB cannot be removed from office through impeachment by Parliament. Section 6 (b) (i) of NAB Ordinance 1999 clearly provides that chairman NAB "shall not be removed except on the grounds of removal of a judge of the Supreme Court of Pakistan."
The judges of the apex court can be removed through the proceedings of Supreme Judicial Council (SJC) in accordance with Article 209 of the Constitution of Pakistan if found guilty of any kind of misconduct.
Federal Information Minister Shibli Faraz told the media that treasury benches would oppose Mandviwalla's privilege motion against NAB's top officials. He said the deputy chairman Senate was giving statements under his party's pressure. Pakistan Tehreek-e-Insaf (PTI) would not allow the opposition to make Senate a controversial organ of the state, he said.
Mandviwalla, in a presser on Sunday, declared 'war' on NAB, saying he would make sure that "NAB gets blacklisted in the entire world," and that the Upper House of the Parliament would hold the accountability watchdog accountable for its actions.
The Senate session to take up the privilege motion was expected to be summoned last week but it was not summoned.
Talking to Business Recorder on December 2, 2020, the deputy chairman Senate confirmed that the requisitioned Senate session was likely in that week.
On November 29, the deputy chairman Senate held a hard-hitting press conference in which he lashed out at the NAB chief and other senior officials in connection with fake bank accounts case against him.
NAB recently released details of fake accounts against Mandviwalla and said the allegations of the deputy chairman Senate were an impediment and obstruction in the probe which was tantamount to corruption.
According to NAB, former managing director Pakistan International Airlines (PIA) Ejaz Haroon had illegally allotted 12 plots. Saleem Mandviwalla and Ejaz Haroon made a suspicious deal with Abdul Ghani Majeed, receiving Rs 140 million from a fake account with Rs 80 million going to Ejaz Haroon and Rs 60 million to Saleem Mandviwalla, the statement said.
NAB had informed an accountability court that it had frozen 3.1 million shares of different companies registered in the name of Mandviwalla with the Securities and Exchange Commission of Pakistan (SECP) in connection with the fake accounts case. The case is pending.
Half of senators including the incumbent deputy chairman Senate would retire in March 2021 after completing their six-year term.
Copyright Business Recorder, 2020