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Toothless accountability bill on the way
http://www.thenews.com.pk/top_story_detail.asp?Id=23985
Friday, August 21, 2009
By Ansar Abbasi
0ISLAMABAD: The government has finalised a draft law that would replace the National Accountability Bureau (NAB) with an impotent Accountability Commission, having no powers to arrest even those involved in frauds of hundreds of billions of rupees.
Additionally, all offences under the future accountability law would be bailable. The bill would be presented in parliament anytime but in the last few days some government players have worked late nights to ensure that the new law does not have any teeth to bite the corrupt.
According to the sources, the draft law finalised by the standing committee on law and justice has been changed to the satisfaction of the government. The final version of the draft law, when presented before parliament, may surprise most members of the standing committee. They had recommended that the chairman of the Accountability Commission should have the power to order arrest of the person against whom there is sufficient evidence of corruption.
The draft law, as cleared by the standing committee, included clause 19 that said: No arrest without approval of chairman: No person accused of an offence under this Act shall be arrested without prior approval of the chairman.
The finalised draft law excluded the above provision. In its clause 18, the final draft says, Bail: Notwithstanding anything contained in the Code or any other law for the time being in force, the offences under this Act shall be bailable and the accused shall not be arrested but shall execute a personal bond for appearance before the chairman, the investigation officer or the court, as the case may be.
The finalised draft law also makes the future of the NAB employees uncertain. About the deputationists, it says that they would be repatriated to their parent departments whereas those appointed on contract shall notwithstanding anything in their terms of contract cease to hold office provided that any such contract employee may be reappointed on new terms and conditions keeping in view his experience and usefulness for the commission.
In case of other employees of the NAB, according to the draft law, the Law Ministry would lay down a policy for their retention or otherwise in consultation with the Finance Division and the Establishment Division.
The future Accountability Commission has been restricted to probe cases only against the holders of public offices and civil servants in grade 17 and above. However, even for such a probe the commission would work under the Law Ministry.
The future law has also limited the offences of corruption and corrupt practices. These offences include: if an office holder accepts or obtains from any person any gratification, other than legal remuneration, and valuable things; if he dishonestly or fraudulently misappropriates or otherwise converts for his own use or for the use of any other person any property entrusted to him or under his control or wilfully allows any other person so to do; if he, by corrupt, dishonest, or illegal means, in abuse of his position as a holder of public office, obtains or seeks to obtain for himself, or for his spouse or any of his dependents any property, valuable thing, or pecuniary advantage.
A person who voluntarily returns the money earned through corruption would not be prosecuted and those facing trial would also be acquitted if they too voluntarily return such money/assets. These provisions of the law instead of serving as a check on corruption, gives a free hand to the corrupt and allow them to make any amount of money. Besides, when they have any fear of being caught could go scot-free by returning such amount voluntarily.
The maximum punishment for corruption would be only seven years. The chairman of the Accountability Commission would be appointed for a term of three years by the prime minister in consultation with the leader of the opposition in the National Assembly and would be confirmed by a parliamentary committee within forty-five days.
