The National Accountability (Amendment) Bill 2023 giving more powers to the NAB chief was returned without signature by President Arif Alvi for reconsideration on Sunday.
This bill was approved by the Senate and sent to the President for approval. However, President Alvi returned the bill under Article 75(1)(b) of the Constitution, saying earlier amendments to the accountability laws were already pending in the Supreme Court.
He said that this aspect was not addressed in the bill and the advice of the Prime Minister.
بل اور وزیرِ اعظم کی ایڈوائس میں اس پہلو کا حوالہ نہیں دیا گیا،صدر
— The President of Pakistan (@PresOfPakistan) April 30, 2023
ایک زیر التواء معاملے کے اثرات پر غور کئے بغیر قومی احتساب آرڈیننس 1999 میں مزید ترامیم پر دوبارہ غور کیا جانا چاہیے ، صدر
قبل ازیں، وزیرِ اعظم نے آئین کے آرٹیکل 75 کے تحت بل توثیق کیلئے صدر مملکت کو بھجوایا تھا
“Further amendments to the National Accountability Ordinance 1999 should be revised without considering any matter that is already before the court,” the head of state said.
Earlier this month, the Senate passed a bill – already tabled by the National Assembly – to amend the National Accountability Ordinance, 1999, amid protests and chants from the opposition.
The bill was introduced by Prime Minister Nazir Tarar as opposition senators alleged that the amendments were personal in nature and would make the anti-graft body toothless.
The bill aims to give more powers to the NAB chief and he will have the power to transfer the case to the concerned agency, authority or department or close the inquiry if no case is made out against the suspect.
Bill
The amendments made in the National Accountability (Amendment) Bill, 2023 state that all pending inquiries will be examined by the Chief.
“If the chairman is satisfied that no case has been made out against an accused and the investigation can be closed, he will refer the matter to the court for the release of the accused in custody.”
“Where the Chairman is of the opinion that a prima facie case has been made out against an accused under any other law for the time being, he shall refer the matter to the concerned agency, authority or department, as the case may be”. Bill said.
The amendment in Section 6 states that ‘Provided that when the post of Chairman NAB becomes vacant or when the Chairman NAB is absent or unable to perform the duties of his office; For any reason, the Deputy Chairman NAB shall act as Chairman NAB and in the absence of the Deputy Chairman NAB, the Federal Government shall appoint one of the senior officers of NAB as Acting Chairman NAB.
It added that due to the recent amendments to the National Accountability Ordinance, 1999 (XVIII of 1999), “some legal complications have arisen for the transfer of these cases from accountability courts to other courts, tribunals and forums.” which are not implemented. come within the ambit or purview of the NAB Ordinance.”
He added, “At the initiative of the Prosecutor General Accountability and after input from relevant stakeholders, some further amendments are urgently needed in the NAB Ordinance to provide legal protection for the transfer of the said cases to the accountability courts.”
