NAB Chairman Javed Iqbal
News Time
One of Pakistan’s main problems is the lack of an environment conducive to institutionalization, policy, legislation and political compromise because we want to strengthen the system of governance of individuals or certain powerful groups rather than the strengthening of institutions as a whole or the rule of law. That is why when analyzing various issues in the country; it seems that the results we try to achieve by keeping the institutions weak can give nothing but failure. The success of democracy and politics is directly linked to the reform agenda, but we are not interested in reform in the first place, and even if we have to adopt a reform agenda under pressure or expediency, our policy, legislation and implementation the system is artificial. Accountability is also a key point of our national politics. Prime Minister Imran Khan’s political thinking revolves around this accountability and transparent system, but under the current government, the political credibility of accountability is damaged. One of the reasons for this is the weakness of political commitment, while the weakness of institutionalization is also an important point. That is why the NAB as a whole faces the most criticism from the political, administrative, legal or business class at the national level, and is called into question by questioning its credibility. While there are some legal or political points in it, consciously criticizing this institution is also an important point in the politics of its opponents.
The question is, if there are flaws in the NAB rules or its practices or if it is dominated by a political agenda, then why don’t the ruling parties try to amend, reform or correct the NAB rules based on them? And why keep institutions weak and run them with their own personal, family or business agenda? Many issues of the NAB must be criticized, but the real issue is the autonomy of the NAB. This is not possible unless the ruling and powerful class in power presents itself for accountability. We criticize the NAB a lot, but its good deeds should be equally appreciated. We must also understand the aspect of criticism and ridicule of institutions so that the institution-building process is not weakened, but rather strengthened, which can be part of our priorities. Because a powerful class that exists in every sector sees a strong system of accountability as a threat to its interests. The success of a nexus of powerful elements in which many parties are involved is the only way to tarnish the image of institutions by making them practically critical and controversial. That is why many institutions, including the NAB, face a major political adventure that damages their public reputation.
Recently, Transparency International’s 2020 report praised the NAB’s performance over the past two years. The report said that the NAB has made record financial recovery in the last two years as compared to the past. For example, according to NAB data, a total of Rs 41.7 billion was received in the 17 years from 1999 to 2016, of which Rs 17.7 billion was received directly and Rs 23 billion was received indirectly. In the three and a half years from 2017 to January 2021, a total of Rs 75 billion was received, of which Rs 14.4 billion was received directly, while Rs 60.66 billion was received indirectly. Similarly, in various cases, including many housing societies, the major robberies were committed by the people, including the payment of money by the NAB to the victims. According to the NAB, from 1999 to 2016, Rs 1.76 billion was received and returned to 8,500 victims. In just three and a half years from 2017 to January 2021, Rs 5.6 billion was received and returned to 58,790 victims. This was no small task, and the manner in which the victims were helped is truly commendable.
As far as delays in NAB cases are concerned, first of all, catching white collar crime is not a trivial matter, nor can it be done with a magic wand. The job of the NAB is to investigate the case, make a case and prove it by presenting the case in court. The decision is not primarily made by the NAB but by the court, which can only be based on evidence. The problem is that there are 1,200 cases and the NAB has only 25 courts for that. One of the reasons for the delay is that the lawyers of the accused deliberately resort to delaying tactics. Generally, bureaucrats, businessmen or other classes adopt the principle of plea bargaining in NAB cases and settle the matter on the basis of some take and some two. Politicians, on the other hand, try to prove that the cases against them are based solely on political revenge, otherwise they and their business are both transparent. Therefore, the delay in these cases is in the interest of the politicians, and the entire delay of the judicial delay falls on the NAB.
The solution is not to eliminate the NAB, but to make it stable, independent, transparent and strong. In this regard, we have to do four basic things:
(1) The NAB will have to provide sufficient resources to select a high and competent prosecutor for it, who can vigorously compete with the major opposition lawyers at the legal level.
(2) The NAB should also have the resources to conduct permanent selection of experts or faculty for its institution instead of part-time specialists or faculty.
(3) The NAB should have the required number of courts which in the present situation constitute at least 150, and despite the government’s claims, no major progress has been made.
(4) There should be a system of regular training of NAB officers from different countries or experts outside, so that they can master the art of catching white collar crime in the world on a modern basis.
Therefore, the need is not only to abolish the NAB but also to make the institution strong, autonomous, transparent, resourceful and free from political interference.
