Under the National Accountability Ordinance, the national accountability bureau or NAB was recognized on 16th November 1999. It is an autonomous executive agency that deals with the prevention of corruption, raising public awareness, and enforcing anti-corruption measures.
Under the constitution of Pakistan, the NAB has the authority to
launch investigations
conduct inquiries
issues arrests warrant against suspected individuals in the corruption, financial mismanagement, and terrorism in state-sector, private-sector, corporate-sector, and defense sector.
After investigations and inquiries, the cases are directed to accountability courts.
The power given to NAB is extended to conduct inquiries at a higher level (white-collar crimes) under the Article 270AA of the Constitution of Pakistan.
Its headquarters is located in Islamabad, and the four regional offices are located in the four provinces and capital territories of Pakistan.
White-collar crime
The Law of Pakistan aims to provide equal justice to every citizen without discrimination of any kind. But there are loopholes in the legal system that give rise to discrimination. When a person of low social status commits a crime, he is punished under the strict rules of the Law of Pakistan but is a person of high social status commits a crime, and the Law gets softer towards him in terms of punishment. Such offenses committed by a person of high social status are called white-collar crimes.
Persons involved in white-collar crime
Under the National Accountability Ordinance, there are two types of people involved in white-collar crime:
Holder of a Public Office: which includes public servants under Section 21 of the Pakistan Penal Code, 1860
A Chairman, Managing Director, Chief Executive, or an elected director of a Company or a corporate body
Holder of Public Office
Under the section 5, clause (l), of National Accountability Ordinance 1999, a Holder of public office is a person who
Is, or has been the President of Pakistan or the Governor of a Province.
Is, or has been, the Chief Minister
Is, or has been the Prime Minister of Pakistan,
Speaker of the National Assembly,
Speaker Provincial Assembly
Chairman Senate
Deputy Speaker National Assembly
Minister of State
Federal Minister
Attorney General
other Law Officer appointed under the Central Law Officers Ordinance, 1970
Advisor to the Prime Minister
Federal Parliamentary Secretary,
Special Assistant to the Prime Minister
Member of Parliament
Auditor General
Political Secretary
Consultant or Advisor to the Prime Minister who holds or has held a office with status of a Minister of State or Federal Minister
Speaker Provincial Assembly
Deputy Speaker Provincial Assembly
Provincial Minister
Advisor to the Chief Minister
Special Assistant to the Chief Minister
Provincial Parliamentary Secretary
Member of the Provincial Assembly
Advocate General
Political Secretary
Consultant or Advisor to the Chief Minister who holds or has held a office with status of a Provincial Minister
Is, or has held, an office or post in the service of Pakistan, or any service in connection with the affairs of the Federation, or of a Province, or a local council or in the management of corporations, banks, financial institutions, firms, concerns, undertakings or any institution established, under the Federal or a Provincial Government.
Is, or has been, the Chairman or Vice-Chairman of a a Municipal Corporation, a Municipal Committee or a Metropolitan Corporation constituted under any Federal or Provincial law relating to local councils
any person who has served in resigned or retired from, dismissed or discharged from the Armed Forces of Pakistan.
Commission of Offence
When a public office holder, or any person of a high social status commits the offense of corruption, the offense is said to be a white-collara
If he accepts or offers any gratification directly or indirectly from any person other than legal remuneration, as a reward as specified under section 161 of the Pakistan Penal Code 1860
If he accepts or offers any valuable thing for inadequate consideration, from any person whom he is or will be involved in any business transaction
If he fraudulently and willfully uses or allows any other person to use property entrusted to him
If he obtains or seeks to secure valuable items, property, or financial advantage through illegal, dishonest, or corrupt means.
If he or any of his dependents owns or acquires the title to any assets or holds irreversible power of attorney regarding any assets or financial resources disproportionate to his sources of income, which he cannot rationally account
If he mis-uses his authority to gain any benefit for himself or any other person, willfully fails to use his power to avoid the grant
If he has issued any policy or statutory Regulatory Order which grants benefit in any law or taxation matter
If he commits an offense of willful avoidance
If he commits the crime of cheating under section 415 of the Pakistan Penal Code, 1860, which involves the delivery of any valuable security or money to anyone.
If he commits criminal breach of trust under section 405 of the Pakistan Penal Code (Act XLV of 1860) concerning valuable security or money entrusted to him by the public at large
If he as a merchant, banker, broker, factor, agent or attorney commits criminal breach of trust under section 409 of the Pakistan Penal Code,1860 regarding property entrusted to him
National Accountability Ordinance of 1999
The declaration of National Accountability Ordinance was to put efforts in eliminating corruption and such practices. The National Accountability Ordinance revoked the Ehtesab Act 1997, and all the awaiting proceedings transferred to the NAB.
Punishments for Corruption and such Practices
A person who commits the crime of corruption and such practices is punishable:
With imprisonment for 14 years or less
With fine
With both
The assets and property found to be disproportionate and obtained through corruption will also be given back to the appropriate Government.
Appeal and Revision
The Prosecutor General Accountability can, on behalf of the convicted person, appeal to the provincial High Court if he is dissatisfied by the final judgment and the order of the Court under the National Accountability Ordinance.
A Bench will hear appeals made against the final judgment of minimum two Judges established by the Chief Justice of the High Court and shall be completed within thirty days from the date on which appeal was filed.
No revision shall be made against any interlocutory Court order.
the Court has the power to punish for Court’s disrespect with imprisonment of at most six months and a fine up to one million rupees
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