Bill granting more powers to the NAB chief had been passed by Senate and sent to the president for approval

ISLAMABAD: President Dr Arif Alvi has sent back the National Accountability (Amendment) Bill 2023 to parliament for reconsideration after observing that the amendments brought earlier in the National Accountability Ordinance 1999 were sub-judice before the Supreme Court.

The bill sought to slash the backlog of pending cases since the judges, lawyers and litigants were required to litigate at two different courts. The president sent back the piece of legislation, in terms of clause (1)(b) of Article 75 of the Constitution.

According to an official communique from the Presidency on Sunday, President Dr Arif Alvi said that this aspect of the legislation was neither referred to in the bill nor in the prime minister’s advice. He observed that without considering the implications of a pending matter, further amendments in the National Accountability Ordinance 1999 should be reconsidered. Earlier, Prime Minister Shehbaz Sharif had sent the advice seeking the assent of the president over the said bill.

The National Accountability (Amendment) Bill 2023 not only empowers Chairman NAB to transfer corruption cases to the concerned agency, authority or department but also empowers him to close such pending inquiries and investigations which, in the view of Chairman NAB, if the case is not made. It seeks to amend several provisions of the NAB Ordinance, out of which sections 4 and 6 are amended.

According to the statement of object and reasons of the National Accountability Amendment Bill, 2023, owing to recent amendments made in the National Accountability Ordinance, 1999 (XVIII of 1999), hereinafter called the NAB Ordinance, through the National Accountability (Amendment) Act 2022 (XI of 2022) and the National Accountability (Second Amendment) Act’ 2022 (XVI of 2022), some legal complications have arisen for transfer of those cases from the Accountability courts to other courts, tribunals and forums, which did not fall within the domain or jurisdiction of the NAB Ordinance.

On the initiative of the Prosecutor General (Accountability) and after having the input of relevant stakeholders, certain further amendments in the NAB Ordinance are required to be made urgently to provide legal cover to tie Accountability Courts for the transfer of aforesaid cases.

While the statement of objects and reasons of the Code of Civil Procedure Amendment Bill, 2023 stated that the Code of Civil Procedure (Amendment) Act, 2020 (Act No.VI4, which was enacted on 21st February 2020 and is applicable to the extent of Islamabad Capital Territory, Islamabad, a number of reservations had been raised by members of the Islamabad Bar Association, Islamabad Bar Council and District Judiciary regarding the implementation of the 2020 Act.

It stated that a consequential effect of amendments in the civil procedure is that the judges, lawyers and litigants are suffering as they are now required to litigate at two different courts. Each civil judge is hearing a main suit filed before his court and simultaneously hears injunction applications from other courts. This practice exacerbated the backlog of pending cases. Parties are forced to travel between courts, adding to their time and costs as well as their counsels. Deletion of the right of revision also contributed to excessive litigation before High Court under its constitutional jurisdiction, further adding to the cost and misery of parties, falling parties to unintended consequences.

In essence, the 2020 Act had defeated the purpose of quick access to justice, inexpensive, speedy and fair trial.