NAB law lapsing

No option but to legislateBoth Houses of Parliament will have to meet and legislate if the government wishes to preserve the protections it gave to businessmen and civil servants from the exce

Editorial

Editorial

April 26, 2020

2 min read
  • No option but to legislate

Both Houses of Parliament will have to meet and legislate if the government wishes to preserve the protections it gave to businessmen and civil servants from the excesses of NAB (National Accountability Bureau). When the government acted to protect them, it did so at once, by promulgating amendments by an ordinance. That ordinance also included restrictions used at once against opposition politicians. However, now that that ordinance is about to lapse after the constitutionally mandated six months, it will have to be presented to Parliament and passed, or else the previous law will stand revived, with all the harmful consequences as before. With the economic effects of the covid-19 pandemic raging, there is all the more reason to prevent a spanner being thrown into the works. It might be recalled that the ordinance was promulgated at a time when the economy was reeling under the impact of the IMF package and businessmen said they had been scared by NAB and bureaucrats explained fear of future NAB persecution as the reason for their refusal to do anything.

Both the PPP and the PML-N have expressed regret that they failed to rationalize the NAB law while they were in office. Both are seeing it used against them. Before the PTI undergoes the same painful experience, it must use this readiness among the main opposition parties to make consensual amendments to the law. At the same time, it should not expect to be able to use the NAB law to persecute its own political opponents.

It is another reason why the government must summon Parliament. The hurdle that remains are the differing views of the government and the opposition of how social distancing is to be maintained, but that should be resolved easily. It should be realized that the constitutional scheme requires Parliament to meet frequently, and its duty of carrying out accountability of the government can only be carried out if it meets frequently. It is for that reason a number of days have been specified in the Constitution. And it should be remembered that the Constitution does not allow for any exceptions, not for war, calamity or natural disaster. Does this not reflect the understanding of the Constitution’s drafters even the most dire circumstances would not lead to a suspension of the functions of the Legislature? Or is the government’s refusal to allow the opposition any input so staunch it will allow NAB to hound businessmen and bureaucrats once again?

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The Editorial Department of Pakistan Today can be contacted at: [email protected].

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