Days after the top court directed accountability courts to withhold verdicts in graft cases the Senate on Thursday voted to extend the National Accountability (Amendment) Ordinance 2023 for an additional 120 days.
These amendments were introduced by former PDM government as the top court directed accountability courts to withhold judgements against public representatives as long as the apex court did not decide finally on the government’s appeal.
The development comes on the heels of Supreme Court taking up the intra-court appeal of the federal government against its majority judgement striking down certain sections of the NAO amendment. Caretaker Minister for Law Ahmad Irfan Aslam presented the resolution, subsequently Upper House of the Parliament adopted the same. The extension officially commenced on October 31, 2023.
The resolution states, “That the Senate resolves to extend the National Accountability (Amendment) Ordinance, 2023 (I of 2023), for further period of one hundred and twenty days with effect from 31st October, 2023 under proviso to sub-paragraph (ii) of paragraph (a) of clause (2) of Article 89 of the Constitution of the Islamic Republic of Pakistan.”
The amended law, among other provisions, now allows the anti-graft watchdog to detain suspects for up to 30 days, up from the previous 14-day limit. It also vested authority to the NAB chairman to issue arrest warrants during an inquiry if the accused fails to cooperate or respond to notices.
During the Senate proceedings, Senator Ali Zafar raised concerns about the legality of the accountability law, citing a previous rejection by a majority of three-member Supreme Court bench. On contrary, Senator Azam Nazeer Tarar argued that the law is not specific to any individual and that the Supreme Court had only partially rejected certain sections while upholding others. He contended that the ordinance would serve to restructure the NAB.
However, Senator Kamran Murtaza expressed reservations about extending the ordinance in light of the Supreme Court’s judgement. Senator Sadia Abbasi criticised the NAB as a “black law” imposed by a dictator and lamented that successive democratic governments had failed to repeal it. Senator Tahir Bizinjo voiced concerns that the NAB law had been misused in recent years to target political opponents. Several other senators, including Irfan Saddique, Mushahid Hussain Sayed, and Manzoor Kakar, also raised questions about NAB’s transparency, efficiency, and the overall effectiveness of its investigations and prosecutions.
The amended law now allows the anti-graft watchdog to detain suspects for up to 30 days, up from the previous 14-day limit. It also vested authority to the NAB chairman to issue arrest warrants during an inquiry if the accused fails to cooperate or respond to notices.
