Law: Criminal Procedure Code (V of 1898)

Section: 382B,342

Law: Criminal Procedure Code (V of 1898)

Section: 382B,342

Law: National Accountability Ordinance, 1999

Section: 10,9(iv),17C

(a) National Accountability Ordinance (XVIII of 1999)-------Preamble & S.17-C---Object and purpose of legislation of National Accountability Ordinance, 1999, and scope of powers of National Accountability Bureau and Courts elucidated. The National Accountability Ordinance, 1999 came about with an ambition to eradicate corruption and corrupt practices and try those who misused or abused power and involved themselves in misappropriation of property and received kickbacks and commissions and defaulted in making payments due to the financial institutions. Its purpose was also to create awareness amongst the society against corruption and corrupt practices. Pakistan is not the first country where an accountability body has been created. This has happened in other countries as well and some of these countries have better paradigms. One good example is that of South Africa where a Truth and Reconciliation Commission was established. The purpose of this Commission was to review cases of persons alleged to be at fault and after due screening the cases of those entitled to amnesty were separated from the cases of others who were to be prosecuted. Thus a sifting process was established and institutionalized as a prelude to prosecution. Whereas, in case of National Accountability Bureau, it appears, it enjoys all the authority and the power in this connection and one day its performance can be assessed as a repository of such a power with the aim of further improving its working through curative measures. It was also the intention of the legislature to vest inquisitorial powers in the NAB Court, the purpose was to discover the truth and in this pursuit it was allowed to transcend the procedural limitations. This intention is manifested in section 17-C of the National Accountability Ordinance, 1999. Since, it is a national body and accountability is its main aim and recovery of ill-gotten wealth is a consequential act, it was not required of this body to weigh evidence in a typical adversarial framework but a body aiming at discovering the truth and then proceeding with the accountability against its own citizens on the basis of this discovery and in all fairness. If…

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