INDIVIDUAL RESEARCH PAPER

33rd SENIOR MANAGEMENT COURSE

(SMC)
Comparative analysis of NAB and FIA laws/acts with regard to
corruption: Gaps in legislation/implementation and Way
Forward
NATIONAL INSTITUTE OF MANAGEMENT, PESHAWAR

By

MASOOD NASEEM (FIA)

A paper submitted to the Faculty of the National Institute of Management (NIM),
Peshawar, in partial fulfillment of the requirements of the 33rd Senior Management Course.

Signature: ………………
Date: 2023

Paper Supervised by:

D.S Mr. ZIAULLAH SHAMS

Executive Summary:

Acronyms:
ACB Anti-Corruption Bureau

AGP Accountant General of Pakistan

ACE Anti-Corruption Establishment

Cr. PC Criminal Procedure Code

FIA Federal Investigation Agency

NAB National Accountability Bureau

NACS National Anti-Corruption Strategy

NA National Assembly

PA Provincial Assembly

PCA Prevention of Corruption Act

PAC Public Accounts Committee

PPC Pakistan Penal Code

Ord Ordinance

CBI Central Bureau of Investigation

CVC Central Vigilance Commission

SOE State Owned Enterprises

ECNEC Executive Committee of Economic Council

CCI Council of Common Interest

NEC National Economic Council

NFC National Finance Committee

C&AG Controller and Accountant General

 Page
INTRODUCTION
Statement of the Problem
Scope of the Study
Methodology
Literature Review
Organization of the Paper
SECTION-I: Brief Overview of Corruption and Accountability
Index of Corruption
Corruption, Definition, and its Types and Accountability and its Kinds
Corruption in Pakistan
Corruption in India
SECTION-II: Anti-Corruption Laws
Anti-Corruption Laws in Pakistan
PCA, PPC,NAO, FIA Act
Anti-Corruption Laws in India
SECTION-III: Investigation Agencies
Investigation Practices in Pakistan
NAB
FIA
ACE
Investigation Practices
Identification of Key Challenges
Investigation Practices in India
CBI
Investigation Practice
Identification of Key Challenges
Comparative Analysis
Conclusion
Recommendations
Bibliography
 Introduction:
Corruption is cancer that eats away at society's artistic, political, and financial fabric and impairs
the work of key organs (Sadiq, 2020). The founding father of this nation while addressing the
first constituent assembly on August 11, 1947said that “The second thing that occurs to me is this.
One of the biggest curses from which India is suffering — I do not say that other countries are free from
it, but, I think, our condition is much worse — is bribery and corruption. (Hear, hear.) That really is
poison. We must put that down with an iron hand and I hope that you will take adequate measures as
soon as it is possible for this Assembly to do so. (Hamid, 2015)

Pakistan has struggled since its founding to control corruption, first in the public sector and then
in the commercial sector. The main focus of Pakistan's efforts has been the enactment of anti-
corruption laws and their enforcement through AntiCorruption Investigation Agencies (ACIAs),
namely the National Accountability Bureau (NAB), Federal Investigation Agency (FIA), and Pro
vincial Anti-Corruption Establishment (Sadiq, 2020). These institutions believe in accountability
across the board however it could not be seen yet. The Pakistani system of accountability is
punctured with weaknesses on all fronts-legislative, administrative, and judicial. These laws and
organizations made the system of accountability complicated and complex. On the other side,
political interference, hidden agendas, and a lack of commitment to implementation have
damaged accountability. So, laws and norms need to be reframed, and the mechanisms for their
application need to be free of nefarious political agendas.

a) Statement of the problem

The key principles of good governance are transparency and accountability. Despite of anti-graft
bodies at federal and provincial levels, the position of Pakistan has not improved. According to
the 2022 Corruption Perceptions Index reported by Transparency International, Pakistan has
been ranked 140th corrupt nation out of 180 countries. Despite special accountability laws at
federal and provincial levels, its position could not be improved. In spite of the legal and
institutional framework, Pakistan could not succeed in curbing corruption within the public and
private sectors. The genesis of this evil came from weak institutional mechanisms, political
instability, flawed legislation, untrained investigation agencies, and a less independent judiciary.
These statutory gaps create obstacles in the implementation of legal instruments in their true
perspective. The low conviction rate raised the level of corruption in the masses which needs
immediate redress. Some key change in the anti-corruption strategy is the need for time. This
paper aims to find out the legislative gaps in our accountability laws in order to improve the
efficacy of these instruments and also suggest a way forward with tangible recommendations.

b) Scope of the study:

The scope of this paper is to critically analyze the statutory gaps which hinder the true
implementation of accountability laws of the premier agencies of Pakistan

c) Methodology

Qualitative and Secondary data is collected from Journal articles, the internet, and other sources
for analysis and comparison. Situational Analysis and GAP Analysis have also been conducted
to understand the situation and to give a desired picture of accountability in Pakistan.

d) Literature Review

Structure of the Paper

This paper has been structured into three main sections:-
Section-I Brief Overview of Corruption and Accountability
Section-ii Anti-corruption laws in Pakistan
Section-iii Investigation Practices in Pakistan
Lastly, the conclusion and recommendations are offered on the basis of the outcomes and
discussion of this study.

Background

The Latin word “Accomptrare” means ‘to account used for accountability. It further points out
the word ‘computere’ which is ‘to calculate’. Although there are many definitions of
accountability however Richard Grant Mulgan is much more relevant “The core of
accountability is the obligation to answer to a superior for one’s actions and to accept
appropriate remedies including sanctions “(Ahmad, E.2020). Koppell another writer described
accountability in other dimensions that are, transparency, liability, controllability, responsibility,
and responsiveness. In the same manner the term ‘responsiveness’ is also viewed as evaluative
and not analytical dimension. (Ahmad, 2020)
An overview of the accountability mechanism in Pakistan:

Accountability is crucial in the case of Pakistan given the nation's history of corruption,
nepotism, and poor administration of the government. Here are some justifications for why
Pakistani government agencies must be held accountable. Fighting corruption, Accountability
aids in the detection and punishment of corrupt behavior as well as the prevention of the misuse
of public monies. It makes sure that public servants are accountable for their acts and are not
shielded from legal repercussions. Promote Transparency, Accountability guarantees that
government agencies be open and honest about their actions and judgments. Increased public
participation in governance and public faith in the government are both benefits of this
transparency. (Khan, 2023)

There are two primary accountability laws in Pakistan. The national accountability ordinance and
the Prevention of Corruption Act 1947. The National Accountability Bureau, The Federal
Investigation Agency, and the anti-corruption establishment are all federal and provincial
agencies that work to combat corruption in the public sector. Pakistan has also special courts that
deal with cases referred by the NAB, a special judge central for cases recommended by the FIA
against federal public servants, and special Provincial courts that deal with cases brought by
ACEs in the relevant provinces. The 1958 Criminal Law Amendment Act established the
aforementioned courts. For the oversight of the public sector, Pakistan also has the Public
procurement regulatory authority (PPRA), the Public Accounts Committee (PAC), and the
Auditor General of Pakistan. (Ahmad, 2020)

Kinds of accountability:

a) Parliamentary Accountability
The opposition is a key tool of parliamentary accountability in democracies. A crucial feeling of
accountability and genuine check and balance in the system is provided by the treasury benches’
daily criticism of the opposition on legislation, public policy, and the structure of assemblies
(Mayo, 2011)

b) Legal Accountability
The courts use judicial reviews to enforce legal responsibility and hold servants accountable for
their actions. In all nations with written constitutions, judicial activism as a weapon for legal
responsibility is immensely popular (Mayo, 2011)
c) Administrative Accountability
Written reports, rules, standard operating procedures (SOPs), audit reports, and departmental
standards of conduct make up the mechanism of administrative accountability. Administrative
accountability is crucial in modern society to assure performance and prevent corruption (Mayo,
2011)

d) Political Accountability:

Thomas Paine a famous political activist defines political accountability as “A body of men
holding themselves accountable to nobody ought not to be trusted by anybody. It alludes to the
supervision of public sector employees carrying out their duties and the checks and balances on
the exercise of political power.” (Nations, n.d.) Political accountability is the term used to
describe limitations placed on public representatives' conduct by communities with the authority
to inflict sanctions on them. Political accountability comes in two flavors—vertical and
horizontal—in a democratic setting. (Mayo, 2011)

Vertical accountability can be judged through free and fair elections where the voter is the prime
agent through which accountability is conducted however country like Pakistan political vertical
accountability is very weak.

Horizontal accountability is exercised through a network of institutions, including both

autonomous institutions (Supreme Audit Institutions, ombudsmen, attorney generals, and
comptrollers) and the customary mutual control among various branches of authority. Peer
reviews, peer pressure, independent secretariat pressure, and peer reviews are examples of
horizontal accountability at the international level. (Nations, n.d.)

Critical Appraisal

Institutional Frame work

FIA NAB ACEs

Federal Investigation Agency:

The Pakistan Police Establishment, which was founded in 1948, was succeeded by the Federal
Investigation Agency, which was itself succeeded by the first anti-corruption organization ever
founded by the British Government in India in 1938. The Federal Investigation Agency was
created in 1974 as a result of an Act that broadened the scope of the Pakistan Special Police
Establishment's responsibilities and connected it to the Ministry of Interior. Under the Federal
Investigation Agency Act of 1974, the Federal Investigation Agency was founded. The main
reason for the FIA's establishment was to create a centralized agency for conducting
investigations into cases that directly involved the Federal Government and other public sector
organizations. Investigations by the FIA focus largely on economic fraud, public corruption, and
immigration violations. The FIA’s primary jurisdiction has been extended to cover almost all
kinds of offences and consequent investigation as well as corresponding authority to act as a
police force. While the Objective limited the jurisdiction to be one of investigation and limited
to matters of the Federal Government and public sector organizations it has now been extended
beyond investigation including prosecution and involving any citizen of Pakistan in respect of
almost any act whether committed in connection with the Federal Government
The FIA's principal area of responsibility is conducting investigations into the offenses listed in
the Schedule to the Act of 1974. The core jurisdiction of the FIA now includes practically all of
the major crimes listed in the Pakistan Penal Code, including theft and murder offenses, thanks
to the Schedule to the Act of 1974 and subsequent revisions to it. The FIA's authority has been
expanded to include a number of offenses that fall under special laws, including special laws
The objective of this act has been well-defined by the parliament in its Preamble, which is

“Whereas it is expedient to provide for the Constitution of a Federal Investigation Agency for
the investigation of certain offenses committed in connection with matters concerning the
Federal Government and for matters connected therewith.” (Agency, n.d.)

Honorable Sind High Court while deciding a case, titled CP No.D-2376/2010, “Universal
Cables Industries Limited Vs Federation of Pakistan & 2 Others” placed the reliance on the
reported judgments of the honorable Apex Court in the case of Director General, FIA and
others v. Kamran Iqbal and others[2016 SCMR 447], Murree Brewery Company v. Limited
Pakistan through the Secretary of Government of Pakistan and others [PLD 1972 SC
279].

Where in, it has been held as under:-

“Indeed, the preamble to a statute is not an operative part thereof, however, as is now well laid
down that the same provides a useful guide for discovering the purpose and intention of the
legislature.it is an equally well-established principle that while interpreting a statute a
purposive approach should be adopted in accord with the objective of the statute and not in
derogation to the same. (Court, n.d.)

The FIA was given the mandate to investigate virtually any issue connected to the government
due to the aim as outlined and the jurisdiction covering the entirety of Pakistan. The Rules, the
Schedule to the Act, and Section 5 of the Act all outline the FIA's primary operational
framework. The Agency's members now have the authority to conduct investigations, which
includes the right to search, make an arrest, and seize property. In Section 5(1), the FIA is
basically defined as a Federal Police because these powers are similar to those of a Provincial
Police. When performing his duties in a certain area, an Agency employee with a rank higher
than the sub-inspector has been given the authority and capacity to operate as the office-in-
charge of a police station. Additionally, the FIA now has jurisdiction over a variety of offenses
that fall under special laws, including special statutes. I.e. Immigration, Foreign exchange
regulation act 1947, anti-corruption Act 1947, Anti Money Act 2010.Cyber Crime Act 2016 etc.
(Mayo, 2011)
Laws Related to Public Sector Accountability:
An entire Chapter, with up to 11 different parts, was dedicated to defining and outlining the
penalties for acts related to bribery, illicit gratification, and other similar offenses in the British
Penal Code that were created in 1860. (Hamid, 2015). However, Corruption was not defined in
any anti-corruption legislation of Pakistan. Even before the enforcement of the Ehtesab
Ordinance 1997 no explanation of the term ‘Corruption’ was available. First-time Ehtesab Ord
described ‘corruption and corrupt Practices’ through its six features. Later on, it was superseded
by the NAO, in 1999. This law explained corruption and corrupt practices through its 12
features. The Supreme Court first time interpreted corruption in 2008 while adjudicating a case
of (NAB) as “an act which is done which is done with intent to give some advantage inconsistent
with law and wrongful use of official position to procure some benefit or personal gain.” (Taj,
2012) This definition was limited to government servants. Till 1997 the legislature focused on
anti-Corruption which targeted only public servants such as police officers, bureaucracy,
landlords, and tax officials however public representatives were not included.

The Prevention of Corruption Act 1947:

In order to put in place efficient measures for the prevention of bribery and corruption in
Pakistan, the Prevention of Corruption Act was passed on 11 th March 1947. The Act is applicable
to everyone who resides in Pakistan, as well as to everyone working for a government, no matter
they may be."
Public servant" has the meaning given to it in this Act, which complies with Section 21 of
the Pakistan Penal Code. The Act's Section (Section 5) classifies public servant wrongdoing as
criminal, and it lays out penalties that might include a seven-year prison term, a fine, or both.
Taking pleasure, financial gain, or any other valued object for oneself or another without
payment is considered criminal misconduct on the part of the public official. Moreover,
it specifies that owning any property in his possession or the possession of his dependents
that is greater than his known sources of income is a crime punished under the same clause.
In order to bring an action under this Act, the offenses under PPC sections 161, 162, 163, 164, 16
5, or 165-A become cognizable offenses. (Sadiq, 2020)
NAB Ordinance 1999
The National Accountability Ordinance (NAO), which replaced the Ehtesab Ordinance of 1996
and the Ehtesab Act of 1997, was modelled after the anti-corruption legislation in Hong Kong.
(Sadiq, 2020)

The NAB is a crucial piece of legislation in Pakistan for accountability. Nab deals with public
office holders, which, according to the definition cited in NAB Ord, included the president of
Pakistan, the governor of a province, the prime minister, the chairman senate, the speaker and
deputy speaker of the national assembly, federal ministries, provincial ministries and public
office holder with the same status as federal office holders, and individuals appointed by the
constitution.

Criticism of NAB Ordinance 1999:

 Ninety days physical Remand.

 The power of Chairman NAB to issue arrest warrants.
 Element is the provision of Voluntary Return.
 The NAB provision under section 23, which restrict to transfer or alienate
any asset moveable or immovable
 Accountability Courts have no authority to grant bail

Recent changes in NAB Ordinance (NAB Amendment Act 2022) and

its impact on prosecution

Section 4. (1) This Ordinance extends to the whole of Pakistan and shall apply to all persons,
including those persons who are or have been in the service of Pakistan, except persons and
transactions specified in subsection (2).

(2) The provisions of this Ordinance shall not be applicable to the following persons or
transactions, namely:- (a) all matters pertaining to Federal, Provincial or Local taxation, other
levies or imposts, including refunds, or loss of exchequer pertaining to taxation;

(b) decisions of Federal or Provincial Cabinet, their Committees or Sub-Committees Council of

Common Interests (CCI), National Economic Council (NEC), National Finance Commission
(NFC), Executive Committee of the National 2 Economic Council (ECNEC), Central
Development Working Party (CDWP), Provincial Development Working Party (PDWP),
Departmental Development Working Party (DDWP), the State Bank of Pakistan and such other
bodies except where the holder of the public office has received a monetary gain as a result of
such decision;

(c) any person or entity who, or transaction in relation thereto, which are not directly or
indirectly connected with the holder of a public office except offenses falling under clauses (ix),
(x), and (xi) of sub-section (a) of section 9;

(e) a decision taken, an advice, report or opinion rendered or given by a public office holder or
any other person in the course of his duty, unless there is sufficient evidence to show that the
holder of public office or any other person acting on his behalf received or gained any monetary
or other material benefit, from that decision, advice, report or opinion, whether directly or
indirectly, which the said recipient was otherwise not entitled to receive; and (Assembly, 2021)

Recently promulgated Act of Parliament cited above has much been condemned for having its
provisions apparently favoring the accused persons

Recent amendments in the NAB ordinance were condemned widely. Almost all sections of
society raised their voices against these amendments. The former Director of NAB said that
“despite making these changes to NAB law, the institution must be shut down. He further stated
that accountability of the corrupt elite is now next to impossible. Why should the government
allocate billions of rupees in the budget for NAB when it has brought about changes to ensure
billions of rupees looted by the corrupt cannot be recovered…RIP (Rest in peace.” He
remarks.”

Recent amendments, according to the expert constitutional lawyer Hamid Khan are a license to
corruption. He laments the desire of those enacting legislation to escape the reach of the anti-
graft organization. He further criticized the opposition PTI that indirectly allowed the PMLN
government to change the law by leaving the National
Assembly."The opposition ought to have been present in the legislature to prevent the governme
nt from passing this contentious legislation. (saih, 2020)

The PTI has made it simple for the government to appoint the NAB chairman, the election comm
issioner, and most significantly, the future caretaker setup, with a dummy opposition leader.
“Pursuant to the National Accountability (Second Amendment) Act, 2022, the competent
authority has desired to review all under-process inquiries, investigations, and sub-juice
cases and forward its recommendations to NAB HQ. Upon this position, Barrister Ahmad
Pansota said that “NRO that people of Pakistan were fearing is finally here,”

The National Accountability (Second Amendment) Act, 2022, revising the National
Accountability Ordinance, 1999 (NAO), was approved by the National Assembly earlier this
month. The National Accountability Ordinance (NAO), 1999's offence of corruption and corrupt
practices, will be tried up to Rs. 500 million under the new modifications. In order to be clear,
the NAB would not have the authority to pursue corruption charges worth less than Rs500
million. The bill also revokes the president's power to name judges for accountability courts after
consulting with the top justices of the Supreme Court. As a result, the NAB's decision to evaluate
cases in order to choose whether to prosecute and which to close in accordance with the
amendment is a significant milestone. It is pertinent to note that the NAB has accused a number
of political figures of corruption. For instance, Prime Minister Shehbaz Sharif is said to have
stolen Rs4.5 million while serving as the Chief Minister of Punjab. (Space, 2022)Several
amendments have been made to National Accountability Bureau Ordinance 1999 by the
parliament through the amendment act 2022. The aim behind these amendments was to stop the
victimization of politicians and their opponents through Agencies.

(Legalversity, 2022)

A Summary of the Indian Accountability Structure

Like Pakistan, India also has multiple laws and Agencies for Public sector accountability, a few
are explained below to get a picture of Indian legal and administrative and judicial framework
for the said purpose. (VOC, 2011) India has historically struggled with corruption, and over
time, many different strategies have been used to address this problem. According to public
polls, the majority of Indians believe that rampant corruption is the biggest danger to their
nation's security. The Commonwealth games, high-profile land, and real estate projects, and
allegations of fraud concerning telecoms licenses have all made shocking headlines in Indian
media over the past

Prime Minister Manmohan Singh has declared the battle against corruption to be of the utmost
importance. However, there are still many cases of political and bureaucratic corruption, theft
of public funds, dishonest purchasing procedures, and judicial corruption throughout the nation.
Major corruption scandals have also affected high-ranking officials. Public utilities,
infrastructure, tax and customs administration, as well as the police, are some of the areas most
impacted by corruption. Various assessments have named the latter as one of the most corrupt
ins The Central Vigilance Commission, the Office of the Comptroller and Auditor General, and
other institutions have been put in place by the government in a well-developed legal and
institutional framework. In recent years, the Supreme Court in particular has made several
significant judgments and taken a strong stand against corruption. The passage of the Right to
Information (RTI) Act in 2005, which provides citizens with access to government information
and a means to regulate public spending, is another victory in the war against corruption.
Despite advancements, however, law enforcement is still underdeveloped, and improvements
still need to be institutions.

a. The Prevention of Corruption Act 1988

(PCA outlines different offenses related to corruption. It prohibits public

servants from accepting bribes, misusing their position for personal gain, and
obtaining valuable things without proper justification. The Act also criminalizes
the act of giving bribes to a public servant. These penalties include both; fine
and imprisonment.

b. Anti-Corruption Bureau

In India, Anti-Corruption Bureaus (ACBs) are specialized agencies that deal

with corruption cases involving public servants as well as with individuals who
facilitate corruption in government agencies. The ACBs investigate cases under
the PCA 1988, which may be referred to them by the Vigilance Commission, the
general public, or other concerned agencies.

c. Prevention of Money Laundering Act 2002

The Prevention of Money Laundering Act (PMLA) 2002 directly held the
parent organizations responsible for Money Laundering. If they do not provide
 information to the Financial Intelligence Unit of India, the act provides three to
seven years of punishment for the convict. The law also restricts the civil court’s
jurisdiction over some matters that come under this law.

d. The Right to Information Act 2005

According to this Act, any Indian citizen may ask for information from the
public authority. The Act makes it mandatory to digitalize the record for ease of
access. It empowers the citizens. A web portal has been developed for the right
to information.

e. Supreme Court of India Judicial Reviews and Judicial Activism on Public

Sector Corruption

Indian Supreme Court is hyperactive in corruption and money laundering

matters and considers it more venomous than that of HIV.

f. Central Vigilance Commission

Established in 1964, the CVC is considered an apex body independent of

bureaucracy and is tasked with advising a number of central government
agencies in the planning, implementation, monitoring and facilitation of
monitoring activities face of CVC It derives its powers from the Central
Vigilance Commission Act, 1964.

g. Central Bureau of Investigation (CBI)

It is a state agency whose primary function is crime investigation and reporting.

Founded in 1963, it was initially an anti-corruption agency but eventually
became a major criminal agency. The anti-corruption wing of the CBI is tasked
with corruption intelligence, coordination with departments, checking bribery,
and prosecution of related offenses. It deals with matters of the Central
Government and civil servants.

h. Office of the Controller and Auditor General (C&AG)

 It is an agency under the Constitution of India that is responsible for the overall
revenue and expenditure of the central and state governments. Under Article
149, the authority shall be exercised as per the laws of Parliament. Its main
objective is to ensure accountability, transparency, and good governance through
quality audits and accounting.

i. Chief Information Commission

This commission has been established under the Right to Information Act and
operates at the request of citizens who still cannot access any information under
the Act. There are also some exceptions like the jurisdiction of Parliament or
cases against security, economic or proprietary information, trade secrets or
intellectual property, etc. It gives decisions indicating courts, universities, police,
NGOs, and ministries on how to share information in the public interest.

j. Parliamentary Accountability in India

Parliamentary Committees in India provides an important method of

accountability. These committees may call witnesses, conduct investigations,
and monitor the financial matters of the States.

k. State-level Anti-Corruption Agencies

The state-level anti-corruption agencies function under the state laws and report
to the state authorities, such as ACB.

(Mayo, 2011)
 Prevention of
Corruption Act
1988
Prevention of Anti-
Money Corruption
Laundering Act Bureau

The Right to Supreme Court

Information Indian of
Act Accountability
Frameworks
Legislative &
Institutional

Chief Central
Information Vigilance
Commissioner Commission

Office of
Central Bureau
Auditor of Information
General
Comparison of Pakistan, India, and Singapore Laws on Accountability

Indicators Pakistan India Singapore

Multiple laws & Multiple ACAs; (CBI Two key laws i.e. the
Legal framework Agencies. Strong & CVC etc.) Multiple prevention of
ACA framework Laws; Establishment Corruption act 1960
along with other of Lokpal awaited (PCA) and
agencies, but with corruption, drug
curtailed jurisdiction trafficking and Other
serious crimes
(confiscation of
benefits) act.(CSDA)
Procedure for the NAB Chairman was Commissioner CVC The corrupt Practices
appointment of the appointed by the by the President on investigation bureau
heads President and recommendations of (CPIB) is the sole
removal on grounds a Committee agency for
similar to that for consisting of the eradication of this
removal of Supreme Prime Minister menace directly
Court's judge. FIA & (Chairperson), the under the command
ACE heads appointed Minister of Home of PM. CPIB is
by the Federal & Affairs and the known as most
Provincial Leader of the trusted organization
Governments Opposition and CBI which works without
Director appointed by fear and favor.
the Central
Government by the
president on the basis
of recommendation
of the selection
committee
comprising the Prime
Minister, the Chief
Justice of India or
his nominee and the
LoP
 No independent Independent Completely
Prosecution prosecution regarding prosecution Independent.
independence NAB, FIA and ACE

Moderately Advocacy on The E- Complaint

Use of technology comprehensive promoting Service allows public
website; online technology like e- to file their
complaint procurement, e- complaints through
mechanism; low use payment etc. for Complaint on-line.
of media and reducing direct Identity of the
technology. contact points with complainant has not
public officials, been disclosed.
improving
transparency;
comprehensive
websites and
complaint
mechanisms;
effective use of
media
Strategy is there, but Awareness Peoples are fully
Engagement with not extensively campaigns by the aware about
public implemented CVC corruption and they
support government
against anti-
corruption strategy.
Laws have been Strong law and proper Singapore currently
Right to information enacted at Federal legal mechanism has no RTI Act
level, in Punjab and however every citizen
KPK only. At initial can access public
stage and weak data at data.gov.sg, or
mechanism singstat.gov.sg,
Institutions are weak It is there but No political
Political Interference so political institutional interference. People’s
interference always framework is strong Action Party (PAP)
damage the under the leadership
accountability of founding Prime
framework. Minister Mr. Lee
Kuan stamped out
corruption from all
levels of society.
Effectiveness in Not effective at all. Not very effective Accountability
controlling both petty Accountability mechanism is very
and grand corruption mechanism is weak strong.
and politically
motivated
 INTERNAL FACTORS EXTERNAL FACTORS

NAB has no rules till yet and FIA has
redundant one
Section 23 and 25 which relates to subject
property& plea bargain treated as offensive.
Professional incompetence of IOs/EOs is a
major task for NAB and FIA.
Weak prosecution and low conviction is other
tasks for NAB and FIA.
Visible Political Interference
Repeated amendments and unstable
government policies
Non transparent manner of appointment of
Chairman NAB and DG FIA
Gradual changes in NAB law damaged the
accountability process.
Updation and revision of National Anti-
Corruption Strategy.

Overall Flaws in Pakistan’s Accountability System and Legal Framework

Overlapping of Jurisdiction:

In Pakistan, several government institutions are working at the federal and provincial levels
under different pieces of legislation however their areas of operation often overlapped. For
example, FIA has jurisdiction over federal departments and NAB has also in the area of
corruption. On the other hand, Provincial ACEs have the jurisdiction over provincial departments
and NAB has the same jurisdiction over provinces. This overlapping often caused loss to the
government. Moreover, both federal entities have jurisdiction over banking and financial crimes.
This overlapping jurisdiction gave unrestrained powers to the officers of both agencies who often
misused it. (Mayo, 2011)
Independent Prosecution:
Although premier agencies have their own prosecution wings yet they are not independent. They
cannot exercise their powers freely because they are employees of the same organization. The
Prosecution of Singapore follows the principles of fairness and impartiality however they can’t.
The prosecution wings of both organizations have to follow the instructions as specified by the
departments.

FIA Rules 2002:

FIA made its rules in the year 2002 which do not serve the purpose as declared by the Supreme
Court of Pakistan in the case titled Federation of Pakistan vs Zafar Awan vide PLD1992 SC 72
where prior sanction for prosecution of public servants U/S 197 Cr.PC r/w sec 6(5) OF Pakistan
Criminal Law (Amendment) Act 1958 is repugnant against Islam. After the termination of rule
10 of FIA (Inquiries and Investigations) rules 2002 by the Supreme Court, there is a need for
new elaborated rules.

National Accountability Bureau Rules:

No rules have been framed under National Accountability Bureau Ordinance1999 till yet and it
caused various problems for NAB in the investigation and prosecution phases. Rules also
provide guidance to the investigators where Cr.PC is silent about its applicability and further
course of action. As per provisions of the NAB Ord, freezing of assets for a limited time is rest
with the powers of the Director General NAB however after passing of prescribed time limit, the
law is silent. On various occasions, the honorable higher courts have directed the NAB
authorities to formulate their rules which have not been formulated yet.

Voluntarily Return u/s 25 A&B:

The United States has been considered a leader in the use of plea bargains. Almost 97% of
cases are resolved with a guilty plea. This percentage remains stable over the last two decades.
The critics declared this phenomenon as against the fairness of trial where a guilty plea can
persuade innocent people to admit crimes that they had not done. (Criticism of plea bargaining
gaining momentum in the US.14 Nov 2018/ fair trials.org/articles/news/criticism-plea-
bargaining/gaining-)
This idea of plea bargain and voluntary return has also been adopted in NAB Ord 1999 in
section 25 A&B where the accused plead guilty before agency and voluntary return of looted
money without facing trial. This section is still under hot debate the government himself hand
in glove with an accused in his embezzlement and misappropriation. A number of judgments
are in the field over these provisions.

Low Salary package:

Private lawyers have very good earnings as compared to prosecutors who have a very meager
fixed salary. The same is with investigators who receive a very minimal investigation cost.
Their perks and privileges are very low compared to other developed countries. This is a major
obstacle in the way of proper implementation of the accountability framework.

Retrospective Effective of NAB Provisions:

The provision of the retrospective effect of NAB Ord 1999 was a new concept in Pakistan’s
judicial system which is not practiced in the world due to its legal complications. If a wrong was
not tried at present how it can be penalized in the future?

Key Challenges:

As was already discussed that Pakistan’s Accountability System is both flawed and infective.
Economic and political instability have fueled the fire. All Types of crime caused increased
in an atmosphere of instability and uncertainty, which weakens the criminal justice system as
a whole.

 Pakistan’s foremost and first challenge is to maintain political stability so that policies can be
implemented without interruption.
 No System of accountability can function without stability.
 Legislative fault lines.
The accountability framework created by the most recent amendments to the NAB Ordinance
1999 under Amendment Act 2022 is no less than a Joke.
 To Cripple the Bureau and destroy the NAB Ordinance.
It is difficult to carry out accountability under the aforementioned Amendment Act.
 The majority of Pakistan’s Policymakers are accused of engaging in corrupt behavior,
embezzlement, kickbacks, and money laundering which presents a fourth difficulty for the
country. It is contradictory to allow the accused to craft legislation requiring accountability.
It is debatable whether a purported person in authority will design legislation to punish
oneself, or heather an alleged person in power shall frame a law to punish himself, it is a big
question mark.
 The Sixth problem is that there is a general culture of corruption throughout all government
agencies; this problem is very harmful to the advancement of our society and the country as a
whole. Pakistan will never advance unless this mentality is altered and the idea of
punishment and deterrent is formed. Instead, it is a harsh truth that socioeconomic indices are
declining daily which is concerning.
 Seventh, the Money Laundering regime is equally weak and inefficient. Public office holders
embezzle public funds and easily shift the same abroad through illegal means of
Hundi/Hawala, smuggling, and other illicit modes. Departments remain unable to stop it.
This illegal practice mars the accountability system on the one hand and badly damages the
economy (by the flight of capital) on the other hand. The said loophole in the economy has
played havoc.
 The eighth, difficulty is that the prosecution is not only ineffective but also politicized and
made without regard for merit; The Attorney General of Pakistan, The Addl. Attorney
General, the Advocate General, and the standing Councils are all political appointments.

Recommendations:

01. In the wake of the flawed and infective accountability system of Pakistan, it
has become inevitably vital to devise a National Anti-Corruption Strategy so
that capacity building, resource development, and strict implementation of
rules and regulations can be focused without any kind of fear or political
pressure.
02. In order to devise such a strategy National Accountability Bureau’s rules
should be framed to facilitate the procedures. Protection and encouragement
of whistleblowers are vibrant for accountability as whistleblowing plays a
spirited role in the worldwide detection and prevention of fraud.
03. It is pertinent to divulge here that in order to demoralize the corruption by
mafias, a fully independent and autonomous body should be encouraged to
implement the law/rule and regulations in true letter and spirit. Such an
autonomous body should be empowered and should not seek the
government’s permission to initiate the investigations and prosecution
against corrupt politicians and public officer holders as and when required.
04. Overlapping jurisdictions of different organizations cause issues to decide
the jurisdiction and fate of the matter. The same may be withdrawn and a
single Anti-Corruption Agency should be empowered to handle the cases.
05. In this regard, National Accountability Bureau (NAB) must have to make all-
out efforts regarding remarkable convictions in high-profile cases which will
lead to public confidence in NAB.
06. Another major issue in the implementation of the Anti-Corruption Law is the
lack of knowledge regarding claiming their complaints in the matter of
Corruption. In order to cope with the situation, a well-oriented and robust
public awareness campaign must be launched across the country which
should be an integral part of the national anti-corruption strategy.
07. Furthermore, the Right to Information policy must be encouraged and
implemented so that transparency and fair play may be ensured. After the
finalization of investigations against the high-ups, convictions of political
and public figures should be publicized regularly by using electronic media
and social media for deterrence as done by China.
08. It will also enhance the morale of the public for bravely fighting against
corruption by lodging their complaints to the Anti-Corruption Institutes.
09. In the institutes, a proactive approach instead of a reactive approach be
practiced and public feedback must be considered positively. Proper salary
incentives be introduced in the NACS to encourage the investigators and
prosecutors for better and best results in the interest of justice.
10. NAB Amendment Act 2022 may please be suspended and NAB Ordinance
may be revised in the best interest of justice and accountability.
Bibliography:

Bibliography
Ahmad, E. (2020). Accountability in Pakistan: An Academic Perspective. ISSRA Papers Volume xii, 2020.

Assembly, N. (2021, aug). A bill further to amend. Retrieved from

https://na.gov.pk/uploads/documents/6290b9355b77f_381.pdf

centre, U. A. (2014). Overview of corruption and anti corruption efforts in India. Retrieved from U4 Anti
corruption resource centre: https://www.u4.no/publications/overview-of-corruption-and-anti-
corruption-efforts-in-india.pdf

Hamid, S. (2015, Dec). Anti Corruption Mechanism and Institutions to address the problem. Retrieved
from Silo.tips: https://silo.tips/download/anti-corruption-mechanisms-and-institutions-to-
address-the-problem-of-corruption-3

Khan, M. B. (2023, May 01). Accountability for good goverence in Pakistan. Retrieved from The Nation:
https://www.nation.com.pk/01-May-2023/accountability-for-good-governance-in-pakistan

Mayo, A. A. (2011, march). Public Sector Accountability a Compparative Study of Pakistan,India,and

others. Retrieved from Research Gate:
https://www.researchgate.net/publication/331840949_Public_Sector_Accountability_A_Compa
rative_Study_of_Pakistan_India_and_Others/link/5c8fc1f445851564fae65a71/download

Nations, U. (n.d.). United Nation Economic and Social Council. Retrieved from ECOSOC:
https://www.un.org/en/ecosoc/newfunct/dcf_account1.shtml

Sadiq, E. (2020, 12 31). Anti corrupption investigation agencies in Pakistan: An Appraisal. Retrieved from
issra papers: https://issrapapers.ndu.edu.pk/site/article/view/51

saih, c. a. (2020, JUNE 21). https://courtingthelaw.com/2020/06/19/commentary/national-

accountability-second-amendment-ordinance-2019-an-analysis/. Retrieved from Courting The
Law: https://courtingthelaw.com/2020/06/19/commentary/national-accountability-second-
amendment-ordinance-2019-an-analysis/

Singh promises "Strict Action". (n.d.).

Taj, A. (2012, april 02). Problem of corruption in Pakistan. Retrieved from Dawn Newspaper:
https://www.dawn.com/news/707442/problem-of-corruption
VOC. (2011, August 14). Singh promises "Strict Action" to fight Indian corruption. Retrieved from Voice
Of Amerca: https://www.voanews.com/a/indian-pm-makes-independence-day-promises-on-
corruption-as-protest-looms-127725453/143825.html