President returns accountability amendment bill to parliament for ‘reconsideration’

President Dr Arif Alvi has sent back the National Accountability (Amendment) Bill 2023 to parliament for reconsideration observing that the amendments brought earlier in the National Accountability Ordinance 1999 were subjudice 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, President Secretariat Press Wing said in a press release on Sunday.

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 his advice seeking assent of the president over the said bill.

The bill

The Nationals Assembly Standing Committee on Law and Justice on April 10 passed the National Accountability (Amendment) Act, 2023, seeking to remove the legal complications in the transfer of cases from accountability court to relevant forums which do not fall within the jurisdiction of the NAB Ordinance.

On April 19, the Senate passed the bill without referring to the standing committee concerned. The bill was moved in the Senate by Law Minister Azam Nazeer Tarar.

The bill not only empowered the NAB chairman to transfer graft cases involving corruption of less than Rs500 million to the relevant agency, authority or department, but also close the pending inquiries and investigations where he thinks no case is made out.

Under a proviso added to Section 4 of the NAB Ordinance as and when the office of the NAB chairman falls vacant, or when the chairman is absent or unable to perform the functions of his office, due to any action whatsoever, the deputy chairman shall act as the NAB chairman and in absence of deputy chairman, the federal government shall appoint an acting chairman from amongst the senior officers of NAB.

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