In an unexpected development, the federal government has proposed changes to the National Accountability (Amendment) Ordinance, 2023, raising suspicion about possible political manoeuvring before the imminent general elections.
Despite opposing similar amendments in the past, the governing coalition now faces charges of leveraging the anti-corruption law for “political engineering.”
In the absence of President Dr Arif Alvi, Senate Chairman Sadiq Sanjarani, serving as interim president, quickly enacted numerous alterations to the NAB Ordinance of 1999 via executive order. This approach carried out late at night, has been criticised due to its apparent targeting of political opposition, which is perceptible even to those with limited political knowledge. The changes were ratified following advice from Prime Minister Shehbaz Sharif.
Concerns over Fairness and Impartiality of Revised Law
Legal authorities argue that these changes reveal the underlying motives of the amended law, fostering a belief that the anti-corruption entity is being wielded against political adversaries once more. Imran Shafique, the former special prosecutor of NAB, expressed that the government has diverged from its past stances inside and outside parliament, and the new ordinance appears to exclusively target the opposition, especially Imran Khan, his relatives, and party leaders.
The lawyers underscore that the ordinance’s timing is vital as it will be active for the next 120 days, coinciding with the pending general elections. This allows the government to potentially target the opposition, including Imran Khan, during this period before a new administration takes office. Shafique challenges the government’s decision to circumvent parliament for these changes, implying they could be designed to imprison Imran Khan for an extended duration, including in the Al-Qadir Trust case, by prolonging the remand period from 14 to 30 days.
Newly added Section 14-A (presumption against accused accepting illegal gratification) in the ordinance infers guilt upon proof of accepting, obtaining, or attempting to acquire illegal gratification unless proven otherwise.
Read: Pakistani PM Shehbaz Sharif Amends NAB Laws to Extend Detention Duration
Section 14-A (3) addresses possessions or financial resources disproportionate to an accused person’s known income sources. It infers guilt if unaccounted-for resources are found, presuming involvement in corruption or corrupt practices.
Presumption of Guilt in New Sections of the Ordinance
Through a change in Section 24, it is noted that the “Chairman NAB can issue an arrest warrant during an inquiry if the accused avoids participating or intentionally fails to cooperate”.
Additionally, NAB’s detention period for an accused has been extended from 14 to 30 days – a change the ruling coalition would have previously protested against.
Section 26 (tender of pardon) now allows the NAB chairman to “offer full or conditional pardons to individuals believed to be involved in or privy to an offense, contingent on a full and truthful account of the events related to the offense”.
Upon granting a full pardon, the individual cannot be tried for the offense related to the pardon. Moreover, the ordinance authorizes the NAB chairman to hire advisers, consultants, and experts with remuneration to assist in NAB’s functions and duties.
Attempts to obtain comments from the information and law ministers were unsuccessful as they did not respond.
 Ordinance, 2023, and how these amendments could influence the upcoming general elections.){kind=link}