ISLAMABAD: The government on Monday rubbished the allegations being made by opposition legislators in and outside parliament regarding human rights violations by the National Accountability Bureau (NAB) including deaths of over a dozen individuals in its custody.

Winding up discussion on NAB’s performance in the Senate, Prime Minister’s Adviser on Accountability Barrister Shahzad Akbar said 10 of the individuals named by Senate Deputy Chairman Saleem Mandviwalla among those “allegedly killed while in NAB’s custody” had in fact died while they were under judicial remand. “During judicial remand the accused remains in prison and not under the physical custody of NAB,” said the PM’s adviser.

He said Chief Financial Officer (CFO) of Omni Group Aslam Masood had died in Adiala prison while he was under judicial custody, whereas retired Brig Asad Munir named by the deputy chairman of the Senate had never been arrested and died at his house. “It was unjust to link the deceased [Brig Munir] with NAB,” the PM’s adviser remarked.

Only two individuals, PTCL divisional engineer Agha Mohammad Sajjad, and Zafar Iqbal Mughal allegedly involved in a housing scheme scam had died in the NAB lock-up, he pointed out, explaining that in both the cases there was no allegation of torture.

Opposition lawmakers in Senate slam anti-graft watchdog for victimising political opponents of PTI

About the criticism over various provisions of NAB law, the PM’s adviser said the law had already undergone judicial scrutiny. He referred to the Supreme Court judgement in Abid Memon case (PLD-2013) in which the court held that 90-day remand was not in violation of Section 10(2) of the Constitution. He said power of arrest under Section 24 of the NAB Ordinance had also been validated by the court.

Barrister Akbar believed that the reasons for opposition’s tirade against NAB and accusations of political victimisation was because of NAB’s performance that had improved during the past couple of years. He said according to NAB’s annual report for the year 2019, Rs141 billion had been recovered and the total recoveries during 2019 and 2020 came to Rs389bn. In contrast, he added, the recoveries totalled Rs104bn in 10 years before the Pakistan Tehreek-i-Insaf came into power.

Likewise, he said, the Punjab anti-corruption department recovered Rs206 billion in 27 months, while Rs3 billion had been recovered over the past decade.

“This phenomenal difference in performance is just because there is no political interference now,” he said.

He said the recoveries had been made from the influential individuals who had enjoyed immunity in the past. In case of alleged victimisation, the forum of courts was available, he added.

Under the UN convention against corruption signed and ratified by Pakistan, it was mandatory for the countries to have a central anti-graft watchdog, he said, adding that all the 12 offences in the purview of NAB were required to be criminalised under the convention.

He said Pakistan was not the only country to have central institution against corruption and cited the example of India, Malaysia, South Africa, Kenya and Singapore, which had anti-graft watchdogs and identical law. In Pakistan, he explained, an individual was arrested under the accountability law on the warrants issued by the NAB chairman. In India, where CBI kept a check on corruption, there was a provision of arrest without warrants, he said, adding that there was a provision for arrest at the investigation stage in other countries as well.

He said assets beyond sources or illicit enrichment was an offence in almost all the countries of the world.

Barrister Akbar said of the 12 offences under NAB’s jurisdiction, onus of proof lay on the accused in just one offence of assets beyond known sources of income. He said likewise, the provision of disqualification was also there in many countries. He said in Pakistan the convicts were disqualified for 10 years, while in Argentina, it entailed a lifetime bar.

The adviser said the government was ready for talks to reform the accountability law, but ruled out talks on any person-specific legislation.

Impartiality questioned

Earlier, the opposition lawmakers slammed NAB for victimising political opponents of the PTI government, and raised questions over its impartiality. They regretted that persons facing serious charges were sitting in the cabinet and those behind sugar, wheat flour and medicines scams were not being punished.

They said the lawmakers from the opposition were being arrested and kept behind bars for long on the basis of mere allegations.

In his speech, Senate Deputy Chairman Saleem Mandviwalla called for reigning in the NAB. Accusing the anti-graft watchdog of committing serious human rights violations, Mr Mandviwalla read out a list of persons he said had been killed while in NAB custody. In addition some individuals harassed by NAB had committed suicide, the deputy chairman of the upper house of parliament pointed out.

He demanded verification of educational degrees and domiciles of NAB officials, besides a scrutiny into their assets and the manner they had been inducted. “What is the fear which prevents investigations against NAB,” he asked.

Killings of Shia Hazara workers

Parliamentary leader of the Pakistan Peoples Party in the Senate Sherry Rehman while commencing the Senate debate on a point of public importance over the Mach tragedy said 11 coal miners had been killed in Balochistan just because they belonged to the Shia Hazara community.

“If this is not ethnic cleansing, then what is? This systematic killing of Hazara’s needs to be stopped,” she said.

Senator Rehman said, according to Pakistan’s National Commission for Human Rights (NCHR), more than 2,000 members of the Hazara community had been killed since 2004. Moreover, more than 700,000 Hazaras had abandoned the areas in a bid to have a better and safer life. “This oppressed and persecuted community is targeted almost everywhere in Balochistan,” she remarked.

She said the coal miners were working for the development of Pakistan and their security was the responsibility of the state. If there are checkpoints all over Balochistan, then how could the terrorists escape? Why was there a lapse?” Senator Rehman questioned.

The PPP Parliamentary leader regretted that despite the magnitude of this tragedy, Prime Minister Imran Khan or Balochistan Chief Minister Jam Kamal Khan Alyani had not visited the families. “Making phone calls to condole is not enough. They should have gone to support the grieving families,” she said.

“Combating terrorism is a persistent and serious issue that requires a strong strategic plan. Where is the National Action Plan? NAP’s poor planning and lack of government oversight has led to its monumental ineffectiveness,” she added.

Published in Dawn, January 5th, 2021