ISLAMABAD: Chairman Senate Sadiq Sanjrani on Tuesday finally summoned Senate session, requisitioned by the opposition, on the 30th of this month, mainly to take up privilege motion moved by Deputy Chairman Senate Saleem Manvdiwalla against top officials of National Accountability Bureau (NAB).
The five-point agenda of the session includes discussion on privilege motion against chairman NAB for Justice Javed Iqbal, director general NAB Rawalpindi Irfan Mangi and investigation officer Mudassar who probed Mandviwalla case in NAB.
The agenda also includes consideration and passage of resolution against 'human rights violations by NAB' as well as discussion and passage of resolution for "verification of degrees, domicile certificates and assets declaration of NAB authorities/officials."
Apart from NAB, the agenda includes discussion on "unprecedented crackdown on opposition workers" and "massive scale of pre-poll, polling day rigging and result-tampering fraud in Gilgit-Baltistan."
In the resolution against NAB, opposition would recommend that the matter of 'human rights abuses by NAB' be referred to Senate Functional Committee on Human Rights headed by Mustafa Nawaz Khokhar from Pakistan People's Party (PPP), a PPP senator told Business Recorder, requesting anonymity.
A source said privilege motion against Mandviwalla 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.
"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.
On Sunday Mandviwalla told a press conference that Senate would issue 'production warrants' of chairman NAB if required. However, the source said there is no provision in the law that empowers Senate to issue warrants against any person. The chairman Senate and speakers of National Assembly and provincial legislatures are empowered only to issue production orders of respective lawmakers that are in custody of relevant authorities.
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 earlier this month 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.
The deputy chairman Senate had first announced in a hard-hitting press conference last month to move a privilege motion against NAB.
NAB had informed an accountability court last month 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.
On Friday, NAB submitted a report to the accountability court of Islamabad, reaffirming allegations against Mandviwalla in connection with the fake bank accounts case. Half of total members of Senate or 52 senators including the incumbent deputy chairman Senate would retire in March 2021 after completing their six-year term at the Upper House of the Parliament.
Copyright Business Recorder, 2020