Senate Extends NAB (Amendment) Ordinance 2023 for 120 Days

Islamabad: The Senate extended the National Accountability (Amendment) Ordinance 2023 for an additional period of 120 days, a decision that has sparked controversy and raised concerns about its impact on the nation’s accountability processes.

Caretaker Minister for Law, Ahmad Irfan Aslam, introduced the resolution in the Senate, which was subsequently adopted by the House. This extension of the ordinance is scheduled to take effect from October 31, 2023.

The resolution reads, “That the Senate resolves to extend the National Accountability (Amendment) Ordinance, 2023 (I of 2023), for a further period of one hundred and twenty days with effect from 31st October, 2023 under proviso to sub-paragraph (ii) of paragraph (a) of clause (2) of Article 89 of the Constitution of the Islamic Republic of Pakistan.”

Prior to the extension, the minister presented the National Accountability (Amendment) Ordinance, 2023 (Ordinance No. I of 2023), in the Senate, as required by clause (2) of Article 89 of the Constitution.

The amended ordinance brings notable changes to the National Accountability Bureau (NAB) law. Notably, it allows NAB to detain arrested suspects for up to 30 days, an extension from the previous 14-day limit. Additionally, the NAB chairman gains the authority to issue a warrant of arrest during the course of an inquiry if the accused party refuses to join the inquiry or fails to cooperate.

The Senate discussion revealed varying opinions on the ordinance. Senator Ali Zafar questioned the legality of the NAB law, citing a previous rejection by a three-member bench of the Supreme Court. Senator Azam Nazeer Tarar emphasized that the Supreme Court had not wholly rejected the NAB law and maintained around 70 percent of its sections. He argued that the ordinance was necessary to reorganize NAB.

Kamran Murtaza expressed concerns, stating that extending the ordinance in light of the Supreme Court judgment might not be appropriate. Sadia Abbasi termed the NAB law a “black law” imposed during a dictatorial regime and expressed regret that successive democratic governments had failed to overturn it.

Tahir Bizinjo alleged that the NAB law had been misused to target political opponents in the past five years. Several other senators, including Irfan Saddique, Mushahid Hussain Sayed, and Manzoor Kakar, raised concerns regarding the role played by NAB in the country’s politics, questioning its transparency, efficiency, and overall effectiveness in investigations and prosecutions.