ISLAMABAD: The National Accountability Bureau (NAB) submitted on Thursday its new rules to the Supreme Court that have come into force at once.

The apex court on July 23 had directed the anti-corruption watchdog to furnish the NAB Rules 2020 framed by its chairman in terms of Section 34 of the National Accountability Ordinance (NAO) 1999.

The court is seized with a suo motu case regarding the delay in trial of suspects before accountability courts in the light of Section 16 of NAO which asks for deciding corruption matters within 30 days.

Justice Mushir Alam on Jan 8 requested the chief justice to constitute a special bench and initiate suo motu proceedings over the delay in prosecuting the accused persons in the trial courts.

The rules empower NAB to take cognizance of any suspected offence under Section 18 (b) of NAO, adding the decision of the NAB chairman will be final regarding filing or non-filing of a reference after fulfilling codal formalities which will never be called into question by any authority in the bureau.

The rules also authorise the bureau to declare any place as the NAB police station or a sub-jail. The respective inspector general of police or a provincial police will ensure provision of the police force for the designated NAB police station.

The SHO of the NAB police station will be subordinate to the regional director general of NAB or an officer designated by the director general.

The rules say no person will be arrested other than the procedure defined in the ordinance. But the NAB chairman will issue guidelines to be followed for the arrest of an accused which will be fully adhered to.

Regarding the voluntary return (VR) and the plea bargain (PB), which allows an accused to avoid a jail term by paying the amount embezzled, the rules suggest that the chairman will issue guidelines for giving effect to the provisions of section 25(a) and (b) which deals with VR and PB.

But the mode of payment of the liability opted for VR/PB will be in a lump-sum or in installments as agreed between NAB and the accused. The approval by the competent authority will be final and the VR/PB offers will be completed expeditiously. In case the accused is arrested on approval of VR/PB by the competent authority, the court will be approached for their release immediately.

Likewise, the power to dispose of moveable/immovable property returned or surrendered by the accused will vest in the chairman. The chairman or an officer of NAB duly authorised by the chairman may auction such property by issuing a proclamation in a national newspaper. If no objection is filed within 30 days, the property will be put on an open auction in a fair and transparent manner.

Regarding the placement of the name of an accused on the Exit Control List (ECL), NAB will recommend placing the name on the ECL in accordance with the rules and criteria framed by the interior ministry. NAB can also request for the issuance of a red notice.

The rules also deal with the prosecution of cases, administration and finance, maintenance and reconciliation of accounts, maintenance and operation of recovery etc.

Published in Dawn, August 28th, 2020