THE government has promulgated an ordinance through which it has amended the National Accountability Ordinance 1999 so that any person arrested for an offence involving an amount above Rs50m shall be entitled to ‘C’ class or equivalent in prison. This selective amendment in the NAB law, while many controversial elements remain in place, has rightfully elicited concerns that the government is only interested in amendments that affect its political opponents. This is unfortunate because the NAB law in its present shape is a holdover from the Musharraf years and its genesis is rooted in that regime’s intent to persecute and punish politicians on the other side of the divide. Framed with such a purpose in mind, the ordinance was packed with sweeping powers that often bypassed the established due process of law within the ambit of the courts. It is a telling failure of political will and vision that successive governments have refused to amend the law in order to bring it closer to a shape befitting a constitutional democracy.

This failure has come at a cost. Untethered from the constraints of the judiciary and unaccountable in any real sense to any other institution in the dispensation of its brand of accountability, NAB is today riding roughshod over politicians, bureaucrats and people from many other walks of life. The law in its present form allows NAB discretion that automatically translates into selectivity in the application of these powers. For instance, draconian provisions such as the denial of bail during the investigation stage have led to the arrest of prominent politicians without formal charges being framed against them. Indeed, it is not surprising that opposition leaders are facing the brunt of this accountability while various people associated with the ruling alliance facing similar accusations enjoy the fruits of unfettered freedom. It is clear then, that while it may be convenient to blame the decision-makers at NAB for the reckless use of their powers, the real fault lies with the law itself. Legal experts say the ordinance must be overhauled so it can be cleansed of those powers that go against legal checks and balances. Again as an example, the ordinance allows NAB to charge people on “misuse of authority” whereas this is a vague charge that can be applied to any decision taken in the running of state affairs. The hounding and arrests of many bureaucrats on such charges leading to near-paralysis in decision-making is a case in point. Selectively amending the NAB Ordinance is plain wrong.

Published in Dawn, November 4th, 2019