Why is NAB a failure?
Lahore, 9th July: Mubasher Lucman was in conversation with Advocate Muzaffar Ali who was a former NAB prosecutor, in today’s video on Mubahser Lucman Official YouTube Channel.
It was discussed in the given video that the National Accountability Bureau (NAB) has been performing poorly and NAB laws should be amended.
Muzaffar Ali mentioned that the impression regarding delay in NAB references is wrong. It is a normal case that financial embezzlement has an involvement for more than one individual normally a minimum of ten.
So the ten convicts will have ten attorneys and the prosecution will take a long time for interrogation. In financial cases the facilitator’s role is different and difficult to prove. It is a time consuming matter as well.
The accused has to be present at the time of hearing unless exempted by the court so sometimes this also becomes a reason for delay as the accused is not present. Even the attorneys when not fully prepared request for next dates. These all are some problems which are practical and some amendment in the NAB law is required.
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Mubasher questioned Muzaffar that isn’t NAB a burden on the common taxpayer? The general impression in the public is that NAB is a failure and they have not solved any big cases. Rather they only pressurise the businessmen and recover in a plea bargain on high profile cases.
Even the same feelings were expressed by one of the High court judges when he passed a remark. “Should we recall the Judges transferred to NAB court as they are free and a lot of pending cases still exist”.
Muzaffar thought that despite all shortcomings NAB is still effective and they have a 78% recovery rate.
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Plea Bargain was defended by saying that till a convicted person is considered innocent and to save time and reputation it is according to law and brings results.
Mubasher raised another question, “why does the convict have to be arrested when no reference is filed and a longer period is required to investigate and prosecute?”
Then he asked what is the defamation cost for the individual going through this ordeal as when NAB arrests someone they make huge publicity whereas when released no information is released? The mental trauma is unbearable for the nominated convict and after release they have to give a lot of explanations to prove their innocence.
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As an example Saad Rafique, a renowned public figure is dragged in NAB and now he should be at least give some compensation like 10% or something.
The laws have to be considered and some relaxation has to be given to not to arrest or publicise unless and until NAB is confident of filling the reference. Plus a daily hearing is another solution which would make the case duration shorter.
The judges should fix the time with lawyers and make it mandatory to appear without any exception and a maximum of 5-6 cases should be given to a judge to improve the performance.
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