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MISSING the target is not a crime; the real crime is aiming too low. Policymakers in Pakistan have given a whole new angle to this thought by introducing policies that are far from transparent. If you are planning to loot and plunder make sure you dream big.
The NAB ordinance gives great incentives to all those who manage to do it. It is very unlikely that you would get caught if you have the right connections in the right places, but just in case one does get caught the provision of voluntary return and plea bargain is specially designed for unfortunate individuals.
So much so, that the guilty party can return the looted amount in instalments of 34pc, 33pc and another 33pc thus facilitating the guilty as much as possible. I suggest the government should consider awarding Pride of Performance to such individuals as well.
Plea bargain and voluntary return do not end corruption.
Under the stipulations of Section 25 of the National Accountability Ordinance, 1999, an accused may apply for voluntary return at the inquiry stage and plea bargain at the investigation stage, but then he must pay all the money that he is said to have taken as well as the accruing gains. When the accused admits to his corrupt act, he is barred from holding public office for a decade and loses his job.
Moreover, he cannot obtain any bank loan for a period of 10 years. We cannot say then that after complying with the conditions of plea bargain, an accused faces no penalty.
NAB has been reluctant to provide a breakdown of the total amount recovered through these two schemes to the Supreme Court despite the latter’s insistently asking for it.
Perhaps the reason behind this reluctance is that such data would reveal how the said schemes are a way to let thoroughly corrupt individuals off the hook. However, an analysis of figures provided by the accountability bureau in its 2014 annual report is revealing.
The agreed amount to be recovered via voluntary return or plea bargain for 2014 was put at Rs188,32.4 million but the amount that was actually recovered was Rs2793.4m which means that only 15pc of the total promised amount was recovered in 2014. It really goes beyond logic to facilitate individuals involved in mega frauds to the extent they walk free even before the looted amount is fully recovered.
The lack of transparency in ascertaining the total value of the plundered assets is really anybody’s guess. Such discretion at the hands of NAB officials and the accountability court is inviting people to indulge in corrupt practices and providing them with too much leverage.
The case of Mansurul Haq, a former admiral of the Pakistan Navy, puts things in perspective regarding plea bargain or voluntary return schemes. He was indicted by the court on Oct 22, 2001 and he filed an application of plea bargain to pay $7.5m (the amount that was unearthed then).
This was accepted, and the affair was settled which resulted in the ex-navy man’s release. The government of Pakistan withdrew the privilege of his retaining the rank of admiral and revoked all privileges attached to his retired state, including pension, and honours and awards that he received when he was in service.
One wonders how many remember the former admiral with disdain or look at his case as a deterrent against the embezzlement of public money or receiving kickbacks? Cosmetic punishments such as declaring one guilty or stripping someone of their title hardly matter in the real world where money makes the mare go.
The fact is that someone who has indulged in massive corruption is still allowed to walk free, maybe even live a comfortable life abroad. Would that deter anyone from staying away from corruption?
If one keeps a low profile and does not make a kill as huge as the former navy man did then he is very unlikely to get caught and even if one does get caught, the practice of plea bargain or voluntary return ensures that one ends up enjoying a sunbath on some beautiful beach abroad rather than rotting in jail.
On the contrary, there is hardly any incentive for many diligent government officials doing their duty honestly despite being paid peanuts and finding it hard to make ends meet.
Ironically as the Senate was busy calling for review of the controversial plea bargain option in the NAB ordinance during a recent session, the government was busy hammering out a generic version of the same in the form of a tax amnesty scheme for traders. If the salaried class has the guile to evade taxes like traders, the government would have given them the option to get away by paying 10 times less tax. It seems the real crime in this country is being honest.
The writer is a former civil servant.
Published in Dawn, January 21st, 2016
