Huzaima Bukhari and Dr Ikramul Haq
The slow progress of mega corruption cases lying with NAB and how corrupt our body politics has become can be gauged from the following sample cases:
1. In its report re-submitted on 13 July 2015, NAB gave details to the Supreme Court about 150 mega corruption cases with dates of initiation of proceedings and progress so far. This number has now jumped to 179 plus. These cases include serious charges of misuse of authority and financial bungling against the former prime ministers, chief ministers, ministers, former generals and top bureaucrats. The quantum of money involved in the 150 mega corruption cases is in billions of rupees. The report claimed that an inquiry was being carried out against Nawaz Sharif, Shahbaz Sharif in a case pertaining to construction of a road worth Rs.126 million from Raiwind to the Sharif family House on a complaint (undated) received from an informer.
2. A case is in an accountability court against Asif Ali Zardari for having assets beyond known resources. Investigations are also in process against him for corruption.
3. Three cases are pending against Ishaq Dar for 23 million pounds, 3488 million dollars and 1250 million dollars.
4. Case of money laundering of Rs. 700m against Ghazi Akhtar of Tandliyanwala Sugar Mills was dropped due to alleged political influence.
5. Case against former chairman of National Insurance Company Limited (NICL) Ayaz Khan Niazi of embezzlement charges worth Rs. 2 billion has recently been decided by Accountability Court after lapse of many years.
6. Little is still known about investigations against Schon group for alleged embezzlement of Rs1245 billion, Younus Habib for allegedly ill-intentioned default of three billion rupees, former Balochistan chief minister Nawab Aslam Raisani for possessing Rs 100 million in assets beyond known resources. A similar enquiry is under process against ex-premier Chaudhry Shujaat Hussain in assets beyond means case.
7. Hussain Haqqani, former information secretary and ambassador to the US, was accused of embezzling funds, but NAB has so far failed to file a case.
8. Former Interior Minister Aftab Sherpao was also facing an inquiry for having assets beyond resources. Ex-premier Raja Pervaiz Ashraf is also being probed in the rental power plants case.
9. Though in the latest judgement Nawaz Sharif’s sons have been declared proclaimed offenders, strangely, till today, NAB has not requested the Accountability Court to invoke section 31A(a) of the NAB Ordinance for avoiding trial. This provision provides imprisonment up to three years if any person “absconds in order to avoid being served with any process issued by any Court or any other authority or officer under the NAB Ordinance or in any manner prevents, avoids or evades the service on himself of such process or conceals himself to screen himself from the proceedings or punishment…”
10. Majority of the members of Parliament are said to have declared low incomes as evident from Parliamentarians’ Tax Directories for tax years 2013, 2014, 2015&2016, published by FBR, yet NAB has taken no action till today. They have assets inside and outside the country — mostly held benami as defined in Benami Transactions (Prohibition) Act, 2017.
The ultimate cynicism that afflicts a society is acceptance of corruption as a way of life. Unfortunately, after seven decades of independence, this is precisely where we have reached. Pakistan by all means has a soil, which is very well suited for illegal gains since the very early days of independence when allotment mafia came into existence and many notorious elements who turned rich overnight, later became politicians and bureaucrats. They now control all spheres of life in this country.
Pakistan cannot progress unless foundations of corruption and rent-seeking are destroyed. For this it is necessary to forfeit all benami (untaxed) assets in favour of the State. Immunities and amnesties for criminals, plunderers of national wealth and tax evaders must be abandoned without any further delay. Unless the government shows determination and sternly cracks down on parallel economy, things will not change.
If Pakistan has to remove the cancerous growth of corruption in its body politics, democratisation of political parties is a must. Political life of an individual requires that he complies with all laws of the land—one demonstrative proof of it is to discharge fiscal obligations. If a politician does not pay his taxes honestly and indulges in corrupt practices, then how can he expect the man on the street to do the same? Lack of tax culture and transparency in Pakistan has its roots in the open defiance of tax laws by the rich and mighty. Not only have they kept themselves outside the tax ambit, they also take pride in telling others that tax officials dare not question them. For them this vulgar show of power is necessary to emphasise why they are superior to the meek common folk and thus have unchallengeable right to rule. With this mindset, the rulers in Pakistan have turned the country into their personal fiefdom, and they want it should be inherited by their offspring. It is high time that accountability of all is ensured.
The elected members, politicians, public office holders, bureaucrats, generals and judges should be investigated by an independent commission, comprising experts and men of impeachable integrity, as to ownership of their assets (in own name, family, relatives and benami) and style of living vis-à-vis their declared incomes. This process alone will ensure true accountability in Pakistan. Once the rich and mighty are taken to task, the citizens will abide by laws and pay their taxes honestly and diligently.
Corruption, tax evasion, rent-seeking and black money are not isolated phenomena; these are symptoms of crony capitalism in a dominantly mendacious society. The real challenge is dismantling of structures giving rise and protection to these maladies. Pakistan, or any other country, cannot win the war against corruption and eliminate black money by demonetisation alone unless it destroys the very foundations of corruption and confiscates assets created by both plunderers of national wealth and tax evaders.
Though corruption is a way of life in Pakistan—all institutions are affected by this malady—but the target of retribution in the media as usual, are politicians and not civil-military high-ups and members of judiciary. Politicians allege that “the sacred cows”—military and judiciary—are once again “united” to “malign” them. Strangely, they do not realise that nobody is preventing them to start accountability first amongst their own ranks and then against the mighty militro-judicial-civil complex.
Accountability should be for all—selective one is as bad as for none. The real rulers of Pakistan—powerful members of militro-civil complex—have been protecting and promoting the corrupt, inefficient politicians and then used media to weaken their authority to take independent decisions as legislators and policymakers. Through these tactics, they still subtly profess control over the State. However, the blame should not be attributed to them entirely as greedy businessmen-turned-politicians cannot absolve themselves of wrongdoings by using the argument “we are helpless or trapped”. If they are serious, which they are certainly not, to carry out accountability of all, they must demonstrate it with their actions instead of abusing NAB and what they call “Establishment”.
(Concluded)
(The writers, lawyers and partners in HUZAIMA & IKRAM, are Adjunct Faculty at Lahore University of Management Sciences)
