The government of Sindh has moved closer towards repealing the National Accountability Ordinance (NAO) 1999 within the province, and table an amendment in the Sindh Assembly.
The decision was unanimously made in the cabinet meeting on Friday chaired by Sindh Chief Minister Murad Ali Shah. The ordinance led to the formation of the National Accountability Bureau (NAB) to eradicate corruption and corrupt practices.
A draft of the proposed bill stimulates that anti-corruption is the responsibility of the provinces, and any action undertaken by the federation will be deemed unconstitutional.
The cabinet was informed that the ordinance was introduced on October 14, 1999 when a state of emergency was imposed and a Provisional Constitution Order (PCO) was promulgated which was also made applicable on the provinces.
It was subsequently included in the schedule IV of the constitution along with Local Government Ordinance (LGO) 2001 and Police Order 2002 in order to prevent provinces from repealing or amending it.
The cabinet was informed that the proclamation of emergency of October 14, 1999 and PCO were declared unlawful by parliament and even schedule VI of the constitution was omitted under the 18th Amendment.
Center’s Stance on this move
Officials in the federal ministry said the move to end the application of the National Accountability Ordinance (NAO) 1999 in the province is a non-starter as a province can’t terminate federal laws - as per the constitution.
Officials in the federal ministry said that Article 142 and 143 of the constitution empower the federal government to impose any law across the country. They said that in case of clash between laws of federation and province, it’s the federal law which prevails.
They further said that NAB is a constitutional body and it was approved by both the houses of the Parliament which have representation from all the four provinces, especially the upper house of the Parliament has equal representation from all the four provinces, so the provinces have consent and approval in all the legislation done in the Parliament.
Furthermore, they pointed out that the chairman of NAB is appointed by the mutual consultation of the prime minister and the leader of opposition in the national assembly, as happened in the case of the incumbent chairman.
The legal and constitutional experts said that the Sindh cabinet’s move to scrap laws governing functioning of NAB in the province would trigger a legal battle between Sindh and Centre.
What is National Accountability Bureau?
The National Accountability Bureau is an autonomous and constitutionally established federal institution responsible to build efforts against corruption and prepare critical national economic intelligence assessments against economic terrorism to the Government of Pakistan. It has come under criticism for inhumane treatment of its detainees and the sweeping powers bestowed upon it under the National Accountability Ordinance 1999 promulgated by a military junta. Pakistan's parliamentary committee that monitors corruption cases has criticized The National Accountability Bureau for its unwillingness to prosecute former Army officers involved in corruption scandals.
The NAB is empowered to undertake any necessary prevention and awareness, in all means, in addition to enforce its operations against the economic terrorism and financial crimes. It was established on 16 November 1999 and its sphere of operation has been expanded and extended since. The constitution grants to launch investigations, conduct inquiries, and issues arrests warrants against the individuals suspected in the financial mismanagement, terrorism, corruptions (all in private-sector, state-sector, defence sector, and corporate-sector), and directs cases to accountability courts.
Established by Ordinance No. XIX in 1999, its powers has been extended to conduct inquiry at higher level by the Article 270AA of the Constitution of Pakistan. With its chief headquarters located in Islamabad, it has four regional offices in the four provinces of the country as well as four capital territories of the country. As of present, the institution is constituted and directed by its current chairman, Qamar Zaman Chaudhary.
The National Accountability Bureau has been criticized by the Supreme Court for mismanagement. Justice Jawad S. Khawaja of the Supreme Court 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.