In view of tremendous controversies in the process of accountability, I have drafted amendments In NAB Ordinance of 1999 that endeavor to:
1) Ensure that the appointment of Chairman NAB is made non-controversial and the process must include advice from the parliament as well as scrutiny and selection by a committee of the Parliament somewhat similar to the process carried out to appoint the Chief Election Commissioner.
2) The process of Plea Bargaining is unfair in the sense that after partial or complete recoveries the accused is pardoned. This is against established norms of justice and fairness. Those who have committed such crimes must bear responsibility and undergo punishment, so that others may be deterred. The belief and message that spreads, by the action of Plea Bargain is that 'if a crime has been committed, and a person gets caught he can return part or all of the money, then he walks away completely laundered to start all over again or at least become an encouraging example for potential criminals'. Further more this process involves negotiations with the officers of NAB, it encourages corruption in all three phases that of recovery, in accepting the offer and in pardoning of the accused. Billions are involved, making the process very tempting and prone to miscarriage of justice.
3) NAB did not submit a detailed enough yearly report to the President of Pakistan as envisaged in the original ordinance and was ordered by the Supreme Court to do so, surprising the people of Pakistan who were unaware of the work that was pending and about the neglect which had taken place during the past few years. The amendment endeavors to ensure that relevant facts and figures are submitted yearly.
Text of the Amendments moved by Dr Arif Alvi is as follows:
The Text of the Original NAB Ordinance is as follows (Please ignore the first 3 pages that are blank):