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Why is NAB failing to take mega corruption cases to logical end?

Sheeraz by Sheeraz
March 24, 2022

KARACHI: Despite being an autonomous and constitutionally established body, the National Accountability Bureau is failing in addressing the mega corruption cases in the country, as several bigwigs are on the bails even with heavy charges framed by the body. 

The NAB is empowered to undertake any necessary prevention and awareness, in all means, in addition, to enforce its operations against economic terrorism and financial crimes. Since it was established by Pervez Musharraf on 16 November 1999, its sphere of operations has been expanded and extended. 
 
 The constitution grants power to launch investigations, conduct inquiries, and issue arrest warrants against individuals suspected of financial mismanagement, economic terrorism, corruption (all in private-sector, state-sector, defence-sector, and corporate-sector), and directs cases to the accountability courts.
 
Chairman extension issue:
 
Recently the country witnessed the issue of extending the tenure of the Chairman NAB Justice retired Javed Iqbal, whose tenure ended on October 8 after completing his four year-term, but the government after by-passing the parliament issue a NAB amendment ordinance 2021 to extend the tenure of the current chairman. The matter is being widely criticised and the ordinance has been challenged at the various high courts after its enforcement.
 
The reason behind the ordinance stated by the government is that the Opposition Leader Shahbaz Sharif, who should be consulted by the leader of the house, PM Imran Khan for the appointment of new NAB chairman, is facing graft cases therefore he cannot be consulted, well, if this is the case, then let me remind you PM Imran Khan is himself facing inquiry of NAB about alleged misuse of KP government’s helicopter in the last tenure of PTI government, but here one should be clear that there is a difference between framing charges and proving charges. Charges against both Shahbaz and PM Khan are not proven yet as compared to former prime minister who was given sentence by a NAB court.
 
Mega corruption cases
 
There are several mega corruption including LNG case, OGRA chairman appointment case, fake bank accounts case, Paragon Housing Society scandal, PIA appointment case and many others of assets beyond known sources of income against the political leaders especially in the opposition’s ranks, but sadly the performance of the NAB shows lack of evidence or prosecution so that the bigwigs named in the above said references have been granted bails and no significant recovery has been made so far.
 
Financial recoveries
 
Since its formation, the institution has recovered over ₨. 240 Bn (approximately US$ 4 Bn) from corruption committed by the country’s elite politicians, bureaucrats, former military officers, and those involved in white-collar crimes. According to Musharraf, the “NAB was created to put the fear of God in the corrupt, as Pakistan was on the brink of being declared a failed state before I came to power.”
 
Criticism
 
The National Accountability Bureau had been criticized by the various political leaders specially from the opposition parties and the Supreme Court for mismanagement. The opposition had been crying and alleging that the NAB is a political tool working to victimize the opponets only and the ministers despite being accused and indicted are working.
 
In the past, the former CJP, Justice Jawad S. Khawaja had criticized the institution for its practice of ‘plea bargain’ and described it as ‘institutionalized corruption’. Under the said practice the Bureau arrests suspects and negotiates for an out-of-court settlement under which the suspect is made to sign a confession and deposit funds of an amount determined by NAB. Justice Khawaja stated during court proceedings that he believed some NAB officials warn influential suspects before arrest to allow them sufficient time to escape.

The NAB has also been criticised of mismanaging the Broadsheet case including making payments to the wrong person as settlements and been held by the London Court of International Arbitration (LCIA) of ‘conspiring’ to defraud and financially harm Broadsheet LLC. The follies and incompetency of NAB had cost Pakistan’s taxpayer $28 million in payments as damages as well as a loss of face.

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