President sends back NAB Amendment Bill 2023 to parliament

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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 president sent back the piece of legis­lation, in terms of clause (1) (b) of the Article 75 of the Constitution, the President office said in an official statement is­sued here yesterday. The president 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, the prime minister had sent the advice seeking as­sent of the president over the said bill. The Senate earlier this month had passed the bill amid noisy protests from the opposition benches. The bill seeking changes in 17 sections of the original law was tabled by Law and Justice Minister Azam Nazeer Tarar. Under the proposed amendments, the NAB chairperson will have the authority to close the inquiries started under any other law. The anti-graft body chief shall be authorised to refer all such inquiries to the related agency, institution or authority. If the NAB is not satisfied with the inquiry, its chief will be autho­rised to send the case to the court concerned for approval for the release of the suspect. On receiving the inquiry from the NAB chief, the concerned agency, authority or depart­ment will be authorised to fur­ther investigate the matter un­der clauses A and B. Under the proposed amendments, if the court is not satisfied, any case can be referred back to the relevant institutions, agen­cies or authorities with the help of NAB. On the return of a case from the court, the Bu­reau will be able to prosecute it under its own rules through the concerned department or authority. Cases decided be­fore the National Account­ability Amendment Acts 2022 and 2023 will remain in force. These decisions will remain in effect until they are with­drawn. Any court forum or agency shall be competent un­der its respective laws to re­cord or re-record old or new witnesses for further proceed­ings in a case referred to it.

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