NAB ordinance issued to extend custody duration to 30 days

ISLAMABAD: The government has amended the National Accountability Bureau (NAB) laws allowing the agency to detain a suspect for 30 days.

Acting President Sadiq Sanjrani signed the NAB (Amendment) Ordinance 2023 at midnight after the federal cabinet’s approval. Ministry of Law and Justice prepared the NAB Ordinance and sent it to the president for approval which has been enforced.

In the absence of President Dr Arif Alvi who is in Saudi Arabia to perform Hajj, the Acting President has the authority to issue ordinances and promulgate legislations. The government has issued the president’s absence to promulgate laws put on hold.

According to the ordinance, the NAB chairman has been granted special powers to issue arrest warrants for the accused over lack of cooperation in the investigation. The agency can also arrest accused at the initial inquiry state rather the filing a reference.

The ordinance has also extended the duration of physical remand of the accused for thirty days instead of 14 days. In June 2022, the coalition government made amendments in the NAB law, reducing the duration of physical remand from 90 days to 14 days.

It is pertinent to mention that a presidential ordinance cannot be issued while the National Assembly is in session. The proceeding of the assembly was not prorogued but adjourned till July 17 after the passage of the federal budget. However, the session has been suddenly prorogued to pave way for the issuance of the ordinance.

The urgency for passing the ordinance has not been known. There have been reports that efforts are being made to again arrest Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan who has been summoned by NAB. 

PTI leader Farrukh Habib criticized the decision to pass the ordinance. In a tweet, he said the malicious NAB Amendment Ordinance has been enacted in the dark of night in the absence of President Arif Alvi.

Before the NAB Amendment Act, Shehbaz Sharif, Sulaiman, Hamza, Ishaq Dar and Zardari, who were in power, have taken advantage, he said. “It is the law of the jungle.”