FAZAL SHER

ISLAMABAD: Senate Standing Committee on Law and Justice on asked the Ministry of Law and Justice to review ‘The Pakistan Commissions of Inquiry Bill, 2016’ and ‘The National Accountability (Amendment) Bill, 2016’ and resubmit them before the parliamentary body with the amendments proposed by the members within next 10 days.

The committee which met with Senator Muhammad Javed Abbasi in the chair on Tuesday, discussed in detail ‘The Pakistan Commissions of Inquiry Bill, 2016’ and ‘The National Accountability (Amendment) Bill, 2016’ moved by Federal Minister for Law and Justice Zahid Hamid and directed the officials of the Ministry of Law to reframe and submit both the bills again.

Secretary for Law and Justice Karamat Hussain Niazi told the committee that the existing law relating to appointment of commission of inquiry and empowering it for the purpose is ‘Pakistan Commissions of Inquiry Act, 1956.’ But the Pakistan Commissions of Inquiry Act is very weak and has many flaws, therefore, it was considered that a new law should be enacted to enable the government to give additional powers to a commission of inquiry, he added.

He said the main feature of the bill is that the federal government by notification can constitute a commission of inquiry in accordance with provision of the Act on any definite matter of public importance. The membership of the commission shall be made by notification in the official gazette so that any person having requisite experience on a specific issue can be made member or chairman of the commission, he added.

Nizai said that time period of the commission can be extended on the request of the chairman of commission. “The commission will be fully empowered and having powers of a civil court under CrPC,” he said, adding that the commission will make its final and interim report public.

Senator Muhammad Ali Khan suggested fixing specific criteria for appointment of chairman and its members. “The bill provides all powers to the commission which CrPC provides to an investigation agency,” he said and asked whether it will not cause duplication of laws.

He also suggested explaining and defining matter of public importance proposed in the bill.

Senator Farooq Hamid Naek said it was proposed in the bill that the commission will public the report but it did not explain whether or not the implementation on recommendations of the commission will be mandatory for the government.

He also suggested that the committee should also look into a relevant bill ‘The Panama Papers Inquiries Bill, 2016,’ earlier passed by the Senate.

Nehal Hashmi said that there is no needs to look into ‘The Panama Papers Inquiries Bill, 2016,’ as it has gone from the committee to the Upper House as well as both the bills are different from each other.

The committees also took up ‘the National Accountability (Amendment) Bill, 2016’ and asked the Law Ministry to review it. Special Assistant to the Prime Minister for Law and Justice, Barrister Zafarullah Khan said that the existing voluntary return and plea bargain provisions in the National Accountability Ordinance, 1999 have been under severe criticism. The provision for voluntary return contained in the National Accountability Ordinance, 1999 does not entail disqualification of a holder of public office or dismissal of a government servant who enters into voluntary return as well as it also does not require approval of the accountability court, he added.

He said the provision for plea bargain requires approval of the court, but disqualification to hold public office is for a period of 10 years.

The minister said due to widespread public demand, the bill merges the provision relating to voluntary return and plea bargain and makes it mandatory that voluntary return arrangement will be subject approval of court and corrupt person shall stand permanently disqualified from holding public office or from being a government servant.

Naek said that it is totally undemocratic; adding that in a democratic government the bill which imposes life time ban on people could not be moved. “The bill should be totally amended,” he said, adding that law has to be framed according to the Constitution of Pakistan.

Zafarullah Khan said that the government believes that corruption is very dangerous; therefore, public office holders and government servants found involved in corruption should be permanently disqualified. “If a person is convicted of corruption then how could he be Sadiq (truthful) and Ameen (trustworthy),” he questioned.