Pakistan Muslim League-Nawaz-led federal government amended the National Accountability Bureau (NAB) Ordinance, taking away NAB’s 90-day detention power and authority to probe decisions taken by federal and provincial cabinets among other changes. The bill, National Accountability Ordinance Second Amendment 2021, was tabled by Federal Law Minister Azam Nazeer Tarar on Thursday in the National Assembly (NA). The house approved the bill with majority. The new amendments introduced by the law minister seek revocation of a controversial provision to detain a suspect in NAB cases for 90 days on physical remand without the right to obtain bail. Speaking in the NA, Federal Law Minister Azam Tarar claimed the NAB law was previously used to subdue politicians, adding that in the past, several civil servants were put behind the bars without any evidence. The law minister said the civil servants bore the brunt of more amendments done later. He said physical remand of 90 days is for the terrorists and criminals for their rehabilitation while questioning why bail could not be obtained in NAB cases when it was possible in other criminal cases. Criticizing the extension in the NAB chairman’s tenure by the PTI government, he said that an ordinance was promulgated to give an extension to the NAB chairman as the former prime minister did not want to do legislation in the NA. However, the minister said they have taken oath under the Constitution for performing legislation in the assembly and not bypassing it. Tarar said they have suffered from the NAB laws in the past but did not want others to suffer from them. Following amendments were made to the ordinance:
* NAB’s deputy chairman will be the acting head of the watchdog when its chairman retires
* If the deputy chairman is absent then any senior officer will be given charge of the top post
* Tax-related matters have been excluded from NAB’s jurisdiction
* Provincial and federal cabinets’ decisions for enjoying financial benefits will not be under NAB’s ambit
* NAB will not probe irregularities in any development scheme or project
* NAB cannot take action over the decision of any regularity institution
* Judges’ appointments in accountability courts will be for a maximum three-year term
* Consultation with the concerned high court chief justice will be mandatory for the removal of an accountability court judge
* The consultation process for the appointment of a new NAB chairman will start two months prior to the incumbent’s retirement
* The consultation process for the appointment of a new NAB chairman will be completed in 40 days
* If the prime minister and the opposition leader fail to agree on any name for the coveted post, the matter will be sent to the parliamentary committee
* The parliamentary committee is bound to finalise the name for the post of NAB chairman in 30 days
* After completing a three-year term, a person cannot be re-appointed to the post of NAB chairman.
