Plea bargains

Published August 2, 2018

IT is unfortunate that plea bargains in Pakistan have become a convenient route for the corrupt to ‘whiten’ money by paying a pittance to the state, and thereafter keeping the lion’s share of misappropriated loot. Rather than penalising the beneficiaries of ill-gotten gains, the state appears to be encouraging them with this approach. Former Balochistan finance secretary Mushtaq Raisani, and former adviser to the provincial chief minister Khalid Langove, arrested in 2016, are accused of misappropriating over Rs3bn in state funds meant for Balochistan’s local governments. The duo had earlier struck a plea bargain with NAB, with Mr Raisani surrendering assets worth Rs800m. However, the Supreme Court had nixed the deal, forbidding NAB from reaching a plea bargain with the accused. Yet on Tuesday, the Balochistan High Court granted bail to the duo. NAB has said it will file an appeal in the apex court against the decision.

Considering the large sums of public money allegedly misappropriated by the suspects, the earlier plea bargain and the recent granting of bail are difficult to comprehend. When politicians and officials in Pakistan are tried and convicted for not declaring foreign income or residency permits of another country, it is strange how public servants accused of much graver financial crimes can strike a deal with the state, or be out on bail. The pervasive culture of corruption here needs to be combated; treating the accused in such high-profile cases with kid gloves certainly won’t help anti-graft efforts. While plea bargains may have their utility, using this option as standard operating procedure should be discouraged as it sends the wrong signal to those intending to commit financial crime. In the case of the Balochistan officials, the case must be thoroughly investigated and brought to a conclusion. Looking at the bigger picture, accountability was one of the key issues in the July 25 elections. Indeed, Nawaz Sharif was brought down in the name of accountability, while the PTI campaigned on the slogan of accountability for all. Therefore, it is expected that the incoming dispensation will make it a priority to combat the culture of graft and embezzlement, especially in the public sphere. Part of this must revolve around streamlining the plea bargain process in cases of financial impropriety. Overall, accountability must be thorough and not vindictive, and all those accused of misappropriating public funds or committing other financial crimes — politicians, legislators, judges and generals — must face the law.

Published in Dawn, August 2nd, 2018

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