ISLAMABAD: In a significant move, the Senate on Wednesday disapproved the National Accountability Bureau (NAB) Ordinance 2017, banning for life beneficiaries of the provisions of voluntary return and plea bargain from holding public offices.

According to Article 89 (2) of the Constitution, the normal life of an ordinance is 120 days but it stands repealed immediately if a resolution disapproving it is passed by either house of parliament.

In the Senate on Wednesday, the resolution disapproving the ordinance was moved by the opposition parties — Pakistan Peoples Party, Pakistan Tehreek-i-Insaf, Awami National Party, Pakistan Muslim League-Q, Pakhtunkhwa Milli Awami Party and Balochistan National Party-A.

It was opposed by the law minister but was passed by a majority vote of 33 against 21.

Speaking on the resolution, PPP’s parliamentary leader in the house Taj Haider pointed out that the session had already been convened when the ordinance was promulgated in what he called an indecent haste. He said the opposition was of the view that there should be no room for provisions like voluntary return and plea bargain and it was in the process of bringing a private members’ bill to discourage the practice.

Law minister says permission to hunt houbara bustard given to Qatari prince by provincial govt

He described the lifetime ban on holding public offices as a publicity stunt and something repugnant to the Constitution. He said such a ban was not a punishment and leaves room for somebody to go off scot-free after amassing illegal wealth which could be used to fund the election campaign of his relatives.

Opposing the resolution, Law Minister Zahid Hamid noted that sections providing for voluntary return and plea bargain had come under lot of public criticism. He said prior to the amendment made through the ordinance, those committing corruption could go back to work in case they were government servants and there was no disqualification for lawmakers. He referred to the remarks made by the Supreme Court on a plea bargain deal that was recently struck by NAB with a bureaucrat from Balochistan.

Mr Hamid said the court order was brought to the prime minister’s notice and a committee was formed to review the law. He said that court permission was not required for voluntary return but it was needed if a suspect wanted to enter a plea bargain deal. Through the ordinance, both the two provisions were merged and linked with a permission from the court. He said a provision was also made for the recovery of not only the embezzled money but also the capital gains made by using this amount.

“I am amazed as to what message the Senate wants to convey by this resolution,” he remarked and said it would mean a support for the idea of looting money and going off scot-free after spending a fraction of it.

The minister referred to a meeting in which the Leader of Opposition Barrister Aitzaz Ahsan, PPP secretary general Farhatullah Babar and former Senate chairman Farooq H. Naek had described Section 25-A of the NAB law as against the spirit of justice and accountability.

He urged the members to withdraw the resolution, and if not, defeat it by vote.

Hunting permits

On a calling attention notice about issuance of special permits to Qatari princes for hunting houbara bustards and occupation of locals’ lands by the federal government’s representative deputed to provide them security, the law minister said the permission had been given by the Balochistan government.

He said the federal government’s role was to allocate area for hunting in consultation with the provincial governments concerned. He said a code of conduct prepared by the ministry of climate change was already in place. According to the code, hunting is restricted to 10 days and not more than 100 birds can be hunted. He said it is to be carried out without destroying flaura and fauna.

He said sustainable use of houbara bustards was allowed as it was not among endangered species according to the International Union for Conservation of Nature.

He said the federal government had established a Rs250 million endowment fund for the houbara bustard and migratory birds.

But the Minister’s statement could not satisfy senators from Balochistan and the Chairman Senate asked Minister for Law Zahid Hamid and leader of the House in the Senate Raja Muhammad Zafarul Haq to meet them and listen to their concerns.

Published in Dawn January 19th, 2017