–Notification says amended NAB ordinance has no retrospective effect on under-process cases
ISLAMABAD: The National Accountability Bureau (NAB) has accepted the National Accountability (Second Amendment) Ordinance, 2019, and has directed all of its regional directorates to start the implementation of the amended ordinance wherever it is applicable.
According to a notification, NAB Chairman Justice (r) Javed Iqbal has directed all director generals to observe the parameters laid down in Section 2 & 3 of the ordinance. However, the amended ordinance will not be applicable to the investigations and references against the ministers and bureaucrats which were initiated before Dec 28, 2019.
“I am directed to convey that the under process cases which were authorised before the promulgation of the ordinance will remain intact till their logical conclusion as the subject ordinance has no retrospective effect,” the letter dated January 10, 2020, read.
Ministers, members of parliament, bureaucrats and traders will find some relief with the implementation of the amended ordinance as NAB has been directed to collect evidence and proof prior to any action against them. However, the affectees of the old NAB law will have to approach the courts to find relief.
Under the amended ordinance, there would be no action against the decisions of public office holders and bureaucrats which were taken with good faith. Similarly, NAB would not take action against the bureaucrats and the ministers who implemented the rules and the regulations with good faith. Since the amended ordinance has restricted NAB from taking action on matters of tax evasion and an act of government officials done in good faith, so cases related to tax, levies and import will be transferred to the concerned court.
The anti-graft body’s jurisdiction over matters relating to tax, stock exchange and IPOs has been curtailed. The Federal Bureau of Investigation (FBI), the Securities and Exchange Commission of Pakistan (SECP) and building control authorities will be the sole authorities tasked to act on all such matters. In addition, for land evaluation purposes, NAB will seek guidance from the Federal Board of Revenue (FBR) or the district collector.
The anti-graft watchdog will no longer be allowed to take action against government employees and the bureau will not seize the property of government officials without the orders of the court. No action will be launched against government employees in case of departmental deficiencies.
If it fails to complete an investigation against a suspect within three months, the accused will be entitled to bail. In addition, NAB will now only be able to proceed in corruption cases of Rs500 million and more.
