January 08 , 2017
News
Ban on plea bargain sans court approval
* New law will ban the person found involved in corrupt practices for lifetime from holding any public or government office
ISLAMABAD: The government has decided to bring amendment to the National Accountability Ordinance, 1999 by amending Section 25-A, following which permission of court will be necessary to strike any deal about voluntary return or plea bargain.
President Mamnoon Hussain on Saturday night passed the ordinance to disbar for life public office holders and government servants who seek to benefit from the National Accountability Bureau's (NAB) plea bargain and voluntary return laws. Earlier, public servants striking plea bargains were disqualified for 10 years, but this law would ensure lifetime ban on those corrupt elements. The ordinance will be enforced from today (Sunday), and presented to the Senate and parliament for their review on Monday.
"The Supreme Court had asked the government for its stance on the plea bargain law," Finance Minister Ishaq Dar earlier in the day said while speaking during the government's press conference to announce the ordinance. "We had to draw the line somewhere."
It would have taken time if this legislation was enacted through a bill, he said, and added the government decided to promulgate an ordinance for immediate and effective action against corrupt elements. Dar said that a 20-member parliamentary committee had already been constituted to review NAB-related laws, which would further review them. He said that everything would be finalised through consensus.
Terming this ordinance "historic" and in line with the manifesto of the Pakistan Muslim League-Nawaz (PML-N) government, Law Minister Zahid Hamid, "We were being criticised for not disqualifying public office holders and government servants from office if they opted for plea bargain." Explaining the new law, he said, "Voluntary return and plea bargain provisions have now both been merged."
"In both cases, an individual who wants to return the amounts embezzled will require court approval and will be deemed to be convicted; if he is a holder of public office, he will be dismissed and disqualified from holding that public office for life, " Hamid explained, adding that the same would apply to government servants.
To a question whether this change in law can be applied to past cases, Ishaq Dar said, "The law cannot be applied to past cases." The finance minister noted that there had been considerable criticism from civil society, the political opposition and judiciary on Section 25-A of the NAB ordinance, which allowed corrupt individuals to return to their posts after making a plea bargain with the NAB. The existing Section 25-A says: "Where a holder of public office or any other person, prior to the authorisation of investigation against him, voluntarily comes forward and offers to return the assets or gains acquired or made by him in the course, or as the consequence, of any offence under this ordinance, the Chairman NAB may accept such [an] offer and after determination of the amount due from such person and its deposit with the NAB, discharge such person from all his liability in respect of the matter or transaction in issue; provided that the matter is not sub judice in any court of law."
The government in response suggested this tightening in accountability laws, ministers present at the press conference said. Hamid said that several resolutions had been adopted in the Senate and National Assembly to root out the menace of corruption.
Earlier, speaking before a Senate standing committee on January 2, he had said the government would review the NAB ordinance keeping in view the growing criticism regarding plea bargain and voluntary return. The law minister had said this after committee members, following intense deliberations, recommended that the ordinance be reviewed.
Courtesy www.dailytimes.com.pk