Will The New Chairman Be Able To Restore NAB's Credibility?

Will The New Chairman Be Able To Restore NAB's Credibility?
Former prime minister Imran Khan’s delay in announcing the next long march following the top court’s judgment and the tough economic decisions recently taken by the Shahbaz Sharif government indicate that general elections will not be held anytime soon. The government is now focused on the economy and reforms in election and accountability laws as well as the energy crisis. 

It will soon be the time for new Chief of Army Staff's appointment, and it is believed that all those three-star general officers who were in the anti-Imran Khan group are now among the top officers being considered for the most coveted position. The government will start the consultation process for the appointment of a new chief of army staff in November this year.

But before this, another important appointment i.e. the National Accountability Bureau (NAB) Chairman is to be finalised. Justice (r) Maqbool Baqar is said to be the likely choice as coalition partners have reportedly agreed on his name.

Justice (r) Javed Iqbal left the chairmanship of NAB on completion of his tenure, tarnishing the deteriorating reputation of the accountability watchdog. His tenure is considered the darkest era of NAB as a biased approach prevailed since the day he assumed the office with his controversial credentials, besides the matter of a leaked video.

Indeed, the accountability watchdog jealously protected the interests of former prime minister Imran Khan as it played an expressive role in political engineering and management to candidly facilitate his government to run smoothly without any drastic opposition from within the Parliament.

Justice(r) Baqar, who has emerged as the top contender for the post of NAB chairman, has been calling for the formation of inclusive benches to ensure judiciary's impartiality. He has also been an advocate of independence of the judiciary and his judgments reflect that he is a staunch supporter of the 18th amendment and provincial autonomy.

It is believed that the name of Justice (r) Maqbool Baqar was floated by Pakistan Peoples Party (PPP), a major coalition partner. If appointed, he is expected to mend the tarnished image of NAB and revive the essence of accountability considering his judgments and firm stand which always bolstered democratic norms.

One of Justice (r) Baqar’s judgments, a bail case of Pakistan Muslim League (PMLN) leader Khwaja Saad Rafique and his brother, ripped through the performance of NAB. 

Justice (r) Baqar authored the judgment of the abovementioned case observing therein that the case was a classic example of trampling fundamental rights, unlawful deprivation of freedom, and liberty and the complete disregard for human dignity as guaranteed by the Constitution.

"NAB’s conduct throughout this case is a clear manifestation of their utter disregard for the law, fair play, equity and propriety. Indeed, curbing loot, plunder and combating corruption is a noble cause. Nonetheless, the means, process and mechanism employed, therefore, should be within the parameters as prescribed and mandated by the law and not in derogation thereof."

"The bureau seems reluctant to proceed against people on one side of the political divide even in respect of financial scams of massive proportion while those on the other side are being arrested and incarcerated for months and years without providing any sufficient cause even when the law mandates investigations to be concluded expeditiously and trial to be concluded within 30 days," observed Justice (r) Baqar.

Justice Baqar believes that the NAB laws rather than doing any good caused further degeneration and created chaos, since the same was framed and applied with an oblique motive of arm twisting and pressurizing political opponents into submission, subjugation and compliance, or removing them from the electoral scene at least temporarily.

Though Justice (r) Baqar is being considered for the chairmanship, the government’s legal eagles are still divided over his eligibility because of his retiring date and two-year bar on the appointment. In the case of the two-year bar, Justice (r) Dost Mohammad Khan will have bright chances to be considered for the post. Both keep a pro-democratic approach which is reflected in their judgments.

The legal fraternity believes that Justice (r) Baqar if appointed, will also be a blessing in disguise for the former ruling party since he is a man of integrity beyond any doubt and his judicial record, as well as conduct, is stainless.

PTI leader Fawad Chaudhry's statement that Justice (r) Baqar is a reasonable man reflects that the party is certain that he would not be a part of any ‘witch hunt’.

NAB has always remained controversial as it is frequently used as a tool for political victimization. Whether or not the new appointment would restore the reputation of the anti-graft body is yet to be seen.

 

The writer is an Islamabad based journalist working with The Friday Times. He tweets @SabihUlHussnain