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Monday, November 1, 2021

National Accountability (Amendment) Ordinance, 2021 promulgated


National Accountability (Amendment) Ordinance, 2021 promulgated

ISLAMABAD: President Dr. Arif Alvi, by issuing the 2021 National Responsibility (Amendment) Ordinance, paved the way to retain current (retired) Chief Justice Javed Iqbal until the appointment of the new NAB President.

Under the ordinance, the president of the NAB will be appointed by the president in consultation with the prime minister and the leader of the opposition. According to the ordinance, the new NAB president will be appointed for a four-year term and his term can be extended.

The same procedure will be followed for the appointment of the president of the NAB that will be used at the time of the extension.

The ordinance states that the president of the NAB will be appointed by the president in consultation with the prime minister and the leader of the opposition.

In case of disagreement on the appointment, the matter will be referred to a specially constituted 12-member parliamentary commission for the appointment. Under the new ordinance, the president has the power to establish as many accountability tribunals as he wants in the country.

According to the ordinance, the procedure for the re-election of the NAB president will be the same, however, the NAB president can be removed as the Supreme Court justices while the NAB president can send his resignation to the president.

According to the ordinance, all crimes will not be subject to bail, only the accountability court will have the power to grant bail or release the accused. The ordinance said that the NAB defendants would be able to obtain a deposit bond of an amount equal to the amount of corruption and that the accountability court would hear the case on a daily basis.

Under the new ordinance, the president will submit referrals in consultation with the NAB Attorney General, while referrals can be filed at any court of accountability across the country and the court of accountability will be able to rely on modern technology to record. tests. According to the ordinance, the judges of the accountability courts will be appointed for a period of three years.

According to the ordinance, the NAB law will not apply to federal, provincial and local fiscal matters and the decisions of federal and provincial cabinets, committees and subcommittees will not be the competence of the NAB. The ordinance establishes that the decisions of the Common Interests Council, NEC, NFC, ECNEC, CDWP, PDWP will also be outside the scope of the NAB.

Under the ordinance, government or public schemes related to rule irregularities will also be outside the NAB's jurisdiction.

The provisions of this Ordinance shall not apply to the following persons or transactions, that is, all matters related to federal, provincial or local taxes, other duties or taxes, including refunds or loss of treasury related to taxes, decisions of the Federal Cabinet or Provincial. ., Its committees or subcommittees, Common Interests Council (CCI), National Economic Council (NEC), National Financial Commission (NFC), Executive Committee of the National Economic Council (ECNEC), Central Development Working Group (CDWP), Provincial Development Working Group (PDWP), Departmental Development Working Group (DDWP) and State Bank of Pakistan.
It shall not apply to any person or entity which, or related transaction, which is not directly or indirectly associated with a public office holder, shall have a defect in the procedure of any public or government work, project or scheme. Is, unless it is disclosed that a person holding a public office or any other person has been given any financial or other material benefit from this particular public or government work, whether directly or indirectly through such procedures. Due to defects, which the recipient was not entitled to receive otherwise. ; Any advice, report or opinion given by a public office holder or any other person in the course of their duty, unless there is sufficient evidence to indicate that the holder of the public office or any other person has any financial or Acquired or acquired other content. From this advice, report or opinion, whether direct or indirect, the said recipient was not entitled to receive.

By amending section 5, Ordinance XVIII of the "Assets" includes all types of property which are owned, controlled or belong to an accused, whether directly or indirectly, or his spouse, relationship Named after a partner, partner, or someone else. The other person, whether inside or outside Pakistan, for whom he cannot be reasonably and legally accountable. (ii) Clause (g) shall be substituted, namely: - "Court" means the Court of Accountability established under Section 5A of the Ordinance; And (iii) clause (h) shall be substituted, namely: - "Judge" means a judge appointed or deemed to be appointed under section 5A of this Ordinance. (iv) In clause (p) the words "of all" shall be inserted after the word "all".

In the Ordinance, for Section 5A, the following shall be changed, namely: - "The President, in consultation with the Chief Justice of Pakistan, shall establish as many accountability courts as possible throughout the country, as he deems necessary." Crimes under this Ordinance.

According to the ordinance, the Prosecutor General and Special Prosecutors will independently advise the Chairman and ensure fair, consistent, uniform, non-discriminatory and expeditious processing of cases and in doing so will protect all the legal rights and interests of the accused. People

The Chairman NAB will provide the investigation report to the Prosecutor General and obtain the consent of the Prosecutor General to initiate or continue the prosecution.

By amending Section 9, Ordinance XVIII 1999, all offenses under the Ordinance shall be non-bailable and, despite the provisions of Sections 439, 491, 496, 497, 498, 498 (a) and 561A of the Code, no court of law shall Compared to the lower court, the accountability court will have the power or jurisdiction to grant bail or otherwise release the accused in the pending case. Provided that where an accused is released on bail, the amount of bail shall be fixed keeping in view the gravity of the charge leveled against such person and where the charge determines any amount in respect of which the offense was committed. Yes, the guarantee amount should not be less than the said amount.

In the section on case management and criminal trials. (a) Notwithstanding anything contained in any other law at present, an accused under this Ordinance shall be tried in a court established under this Ordinance. The case will be heard daily and will be disposed of within six months.

Another section 33F was inserted in the NAB Rules by Ordinance according to which the Chairman NAB, in consultation with the Prosecutor General, before filing the reference, taking into account the facts, circumstances and the totality of evidence, in part, in full, conditionally. ۔ Or unconditionally withdraws or terminates any action under the Ordinance, if such action is unfair.

After filing the reference, if the Chairman, in consultation with the NAB Prosecutor General, deems that the reference is partially or completely unfair, taking into account the overall facts, circumstances and evidence, he may recommend to the court where the case is pending. Delay that the reference may be partially or completely withdrawn or deleted, in which case the court will issue appropriate orders. No action or claim shall be made against the Federal, Provincial or Local Government, the National Accountability Bureau or any of its officers and personnel through suit, prosecution, complaint or other civil or criminal action for any work or work. Cases under sub-sections (1) and (2) have been made in good faith to withdraw or dismiss.

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