New deal on the table? Proposed NAB law can undo Nawaz and Maryam’s conviction

Amid government’s efforts to amend the 18th Amendment that turned Pakistan from a semi-presidential to a parliamentary republic, which the ruling Pakistan Tehreek-e-Insaf (PTI) cannot do without the support of opposition parties owing to its strength within the parliament, the Pakistan Muslim League-Nawaz (PML-N) in collaboration with Pakistan People’s Party (PPP) has prepared a draft of proposed changes in NAB Ordinance and shared it with power brokers which, if incorporated, will undo the conviction of former Prime Minister (PM) Nawaz Sharif and his daughter Maryam Nawaz for now.

According to The News, a Lahore-based businessman who was in the custody of the National Accountability Bureau (NAB) until recently, is a go-between in this process as he is equally close with the power brokers. In a meeting arranged at his place on April 24, a draft was prepared. Shahid Khaqan Abbasi represented PML-N and Farooq H Naek was from the PPP side.

While Abbasi says he did not attend any such meeting, a picture of the same showed him present there. It has also been learnt that Nawaz is not up for amendments and insists on scrapping the anti-graft body altogether.

Former premier Abbasi has not only confirmed the preparation of a new draft, but also said that he offered a set of recommendations aimed to reform NAB and they were incorporated in the draft. However, he dispelled the impression that the draft has either been shared with apolitical players or is being used as a bargaining ploy on the 18th Amendment.

A PML-N leader, however, was quoted as saying that Abbasi has been given the task at his own desire to mend the fences through a common friend as the channel used during the amendment to the Army Act had now become dysfunctional.

According to reports, the draft indicates that it will be beneficial for the entire political class in general and for Nawaz in particular — Nawaz, who was thrown out as the country’s chief executive through the instrument of disqualification. The proposed amendment under question is related to section 15 of the ordinance dealing with disqualification. In sub-section (a), reads the proposed change, the words “forthwith cease to hold public office” shall be omitted and substituted by “cease to hold public office after the appeal process against his conviction has been exhausted”.

Presently, disqualification comes into effect with conviction from a trial court whereas the proposed change suggests it be actualised only after the entire appeal process is exhausted.

In addition, the burden of proof has been proposed to be shifted on NAB, unlike the present practice where the accused has to prove that the allegations leveled against him or her are untrue. Likewise, the proposed change requires that an offence should form part of NAB jurisdiction only when public money equivalent to Rs1 billion or above is involved. Remand duration has been proposed to be limited to 14 days instead of making it extendable up to 90 days.

Among other proposed rules, NAB chairman’s power has also significantly been curtailed in the proposed draft. His term has also been cut to three years from four.

The arrest of an accused has been linked with his/ her non-cooperation and it has been proposed that the chairman’s power to order arrest should be delegated to the court along with prescribed criteria as to when arrests can be ordered by a judge. NAB is required to formally inform an accused about the nature of charges along with a set of questions the investigators want him/ her to answer, according to the proposal.

Likewise, entire interrogation shall be video-recorded and the accused is entitled to have an attorney of choice during the course of interrogation, according to the proposed amendment. NAB is required to focus on the charges it leveled instead of opening new fronts and there must be no supplementary challan unlike the present practice, the draft revealed.

Public office holders have also been proposed to be redefined as this definition should be limited to those holding executive powers; parliamentary secretaries and lawmakers must not fall in this jurisdiction. As per the proposal, decisions made by the cabinet or a statutory policy-making body can’t be called into question by NAB that would also be required to complete any investigation within a period no longer than six months.

Likewise, NAB can’t recommend placing anyone on the no-fly list once the accused has been granted bail.