The Government has decided to promulgate an ordinance amending the existing provisions of the National Accountability Ordinance, 1999 on recent criticism by the Supreme Court of this law and because of the general public outcry on the deal reached at by NAB in the case of the Finance Secretary to the Government of Balochistan Mushtaq Ahmad Raisani. They have also resolved to constitute a parliamentary committee to suggest changes to the NAB Ordinance, except those changes that required immediate implementation for which purpose they have decided to circumvent the comparatively longer procedure of bringing it through the both houses of the legislature.
The amendments that would immediately be brought into force are: firstly, that the public office holder would be disqualified from holding any public office for his lifetime if he opts for the voluntary return scheme and; secondly, the merger of the two provisions in the NAB Ordinance i.e. Sections 25 (a) and 25 (b) in which the former relates to the voluntary return arrangement while the latter pertains to the plea bargain arrangement. The difference between the two provisions is that the former governs the origination of an offer from a public office holder or any other person against whom an inquiry has been initiated to return the proceeds of corruption or any assets acquired by him through that illegal source; and the latter deals with a plea bargain arrived at between NAB and the accused after the stage of investigation has started. While the former required approval of only the NAB Chairman, who had the sole prerogative to ascertain whether the amount being returned is enough, following which approval that person against whom an inquiry had been initiated or who had voluntarily surrendered the amount would go scot-free. On the other hand, approval from the Accountability Court would only be required if investigation had already commenced, regardless of whether the case was before the trial court or the appellate court. The second amendment shall dictate a mandatory approval of the voluntary return scheme from the Accountability Court as well.
