The National Accountability Bureau is Pakistan's apex anti-corruption organization. It is charged with the responsibility of elimination of corruption through a holistic approach of awareness, prevention and enforcement. It operates under the National Accountability Ordinance-1999, with its headquarter at Islamabad. REFERENCE: http://www.nab.gov.pk/
The National Reconciliation Ordinance (NRO) was promulgated as a result of a deal between then military dictator Pervez Musharraf and the PPP leadership on the night of October 5, 2007 to facilitate the election of General Musharraf in Army uniform on October 6, 2007. Under this highly controversial, discriminatory and unconstitutional NRO, corruption cases of hundreds of politicians, influential bureaucrats and political activists of some political parties were withdrawn and terminated with one stroke of the pen. According to legal experts the NRO was unconstitutional and a discriminatory law on the basis of the following three points; first, it applied to a certain category of people and is not applicable to each and every citizen. Second, it applies for a specific duration of time i.e. before October 12, 1999, thus it involved time limitations which again make it discriminatory with respect to time limits. Third, it excludes the indemnity benefits to people accused of cooperative societies, financial and investment scams which effectively means it excluded some people from taking benefits and included a select group of people to be benefited. It is in sheer violation of articles 4 and 25 of the Constitution which speaks of equality of citizens and declare that every citizen is entitled to equal treatment of law. It is worth mentioning here that the National Assembly Standing Committee on Law and Justice, which has a majority of ruling PPP members and comprises mostly ex-judges and senior lawyers, has recommended removal of these three discriminatory steps from the NRO thus admitting that it was an entirely unconstitutional and discriminatory law. REFERENCE: Rs1,000 billion corruption swept under the carpet By Muhammad Ahmad Noorani Thursday, November 19, 2009 http://thenews.jang.com.pk/top_story_detail.asp?Id=25649
HOW ANSAR ABBASI VIOLATED ARTICLE 6 OF 1973 CONSTITUTION BY ALMOST JUSTIFYING MUSHARRAF'S MARTIAL LAW'S DRACONIAN NATIONAL ACCOUNTABILITY BUREAU [Ansar Abbasi was a correspondent of Daily Dawn]REFERENCE: MORE DETAILS ON DRACONIAN NATIONAL ACCOUNTABILITY BUREAU: Human Rights Developments http://www.hrw.org/legacy/wr2k1/asia/pakistan.html REFERENCE: Special Corruption Courts in Asia http://www.u4.no/helpdesk/helpdesk/queries/query19.cfm Pakistan Country Reports on Human Rights Practices Bureau of Democracy, Human Rights, and Labor 2002 March 31, 2003 http://www.state.gov/g/drl/rls/hrrpt/2002/18314.htm
ISLAMABAD, Oct 31: The military government is planning major amendments to the Ehtesab Act to plug the loopholes that had allowed an embezzler, defaulter or a corrupt to escape the arm of law, it is learnt. However, according to a reliable source, the accountability cases would continue to be placed before the civilian court. "There will be no military courts to try the defaulters and the corrupt, including corrupt politicians," the source said. It further said that special courts would be set up, as envisaged in the Constitution, to ensure prompt disposal of accountability cases. The Supreme Court and the high courts would be asked to monitor the performance of these special courts so that speedy justice could be ensured, it added. The higher judiciary would be requested to appoint the best possible judges as presiding officers of these special courts. Lt Gen Mohammad Amjad Hussain, who had been asked to suggest amendments to the Ehtesab Act, was busy preparing the draft, the source said. It said that the military leadership had decided that as per demand of the people of Pakistan, the plunderers of national wealth should be taken to task in the shortest possible time. The accused, it is said, would, however, be given the right to defend himself as envisaged in the Constitution.
"We want to ensure that the legal lacunas that help the corrupt to escape should be removed," the source said. To avoid uncalled for delays in the disposal of accountability references, he said, an amendment was being introduced so that the defendant must appear before the court once the summon was served on him/her. "Unlike past they will not find loose ends anymore," the source said. Besides targeting corrupt politicians and bureaucrats, the military leadership had also decided to attack the "life style of businessmen." Those who had earned their wealth through legal means would not be touched but the rest would have to cough up the looted money. The source said that a very large number of businessmen had got hundreds of millions from banks but they either got them written off or refused to re-pay them by showing losses to their so-called registered companies. "On the contrary the life-style of these businessmen is improving and new model Mercedeze cars are being used by them," the source said and added, "such people now can't have the protection of law." REFERENCE: Special courts to try cases of accountability Ansar Abbasi 06 November 1999 Issue : 05/45 [Courtesy Daily Dawn Wire Service] http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/1999/06nov99.html
Ansar Abbasi Praising General Musharraf's Martial Law Regime's "Alleged Reforms" when Ansar Abbasi used to be a Correspondent in Daily Dawn, he never mentioned even a single time that Impsoing Martial Law is Treason and Violation of Article 6 of 1973Constitution of Pakistan
As per 1973 Constitution of Islamic Republic of Pakistan
6. (1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
Definition of Accomplice: An accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense.
ISLAMABAD, Jan 27: In a major initiative to strengthen the civil bureaucracy and ensure good governance, Chief Executive General Pervez Musharraf on Thursday agreed to restore the pre-1973 authority of the Federal Public Service Commission. During his visit to the FPSC, the chief executive also agreed to grant administrative and financial autonomy to the FPSC; enhancement of the FPSC's role; fixation of non-extendable five year service tenure for the chairman and members of the FPSC and restoration of their oath; reduction of the maximum age limit for appearing in the CSS competitive examination; all recruitments in grade 11 and above through the FPSC; and recruitment to all the posts, including those in the ISI, IB and defence division, through the FPSC, etc.
The chief executive asked the chairman of the FPSC, Lt-Gen (retd) Mumtaz Gul, to give a presentation to the National Security Council for a formal approval to all these decisions. The secretary of the establishment and other authorities were asked to work out modalities for the implementations of the decisions taken in principle during the chief executive's over three-hour stay in the FPSC. When contacted, the FPSC chairman confirmed to Dawn that the chief executive had agreed to almost all the proposals presented before him by the FPSC. The chairman was overwhelmed with this development and hoped that it would usher a new era for strengthening the country's civil institutions. REFERENCE: Musharraf approves pre-1973 authority for FPSC by Ansar Abbasi Week Ending : 29 January 2000 Issue : 06/05 [Courtesy Daily Dawn Wire Service] http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/29jan00.html
ISLAMABAD, March 1: Different intelligence agencies of the country are currently busy collecting information on almost 100 senior grade 21 officers who are in the run for promotion to grade 22. Chief Executive Gen Pervez Musharraf, on the basis of the reports submitted by these agencies and also after considering the already available personnel record of these officers, will make selection of limited number of officers for promotion to grade 22. The intelligence agencies have been involved for the first time in the promotion process and this exercise, it is believed, will have significant impact on the elevation of the officers. Previously, the promotion of bureaucrats to this highest echelon of bureaucracy, were made purely on the basis of record available with the establishment division. Personnel from different intelligence agencies are currently visiting various government offices to inquire about the conduct, reputation, behaviour and working style of the officers whose names were under consideration for promotion. Though this snooping exercise is conceived as embarrassing by many senior bureaucrats, the sources in the chief executive's secretariat believe that this is necessary to make the proper selection.
They say that since the chief executive had the full power to select anyone for promotion so he wanted to exercise his power judiciously and in the best public interest. Recently, the military government had amended the relevant clauses of the Civil Servant Act to empower the chief executive with these powers. Previously, a high-powered Central Selection Board was recommending promotions for the approval of the competent authority. The establishment division has already sent, a few weeks back, a panel of almost 100 grade 21 officers to the chief executive's secretariat for selection of "suitable" officers for promotion to grade 22 by Gen Musharraf. The establishment division was not allowed to recommend a panel of suitable officers, rather, it was asked to send names of all those grade 21 officers belonging to the regularly constituted groups/service of Central Superior Services who joined the service till 1969. The establishment division, in all, has communicated 18 vacancies but so many officers are not likely to be promoted in one go. REFERENCE: Record of 100 senior officers being scrutinized Ansar Abbasi Week Ending : 4 March 2000 Issue : 06/10 [Courtesy Daily Dawn Wire Service] http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/mar04.html
The Raiwind palace of the Sharif family, which ruled the country for almost 15 years, has however not been confiscated by the government. Mr Qureshi dispelled the impression that there had been any underhand deal between the government and the Sharif family. He said the government had simply responded to the repeated mercy petitions filed by the Sharifs. Contrary to what the Sharifs were pretending before the public and in their statements to the media, Mr Qureshi said they had been writing to the government including the chief executive and the president, appealing for pardon.
"We were receiving their requests for mercy in the past three to four months particularly after the courts handed over decisions against Nawaz Sharif," he said. These requests were renewed recently following Nawaz Sharif's reported ailment. Mr Qureshi stated that since the chief executive had repeatedly said that he was not vindictive so he recommended to President Tarar that the imprisonment of the Sharifs be pardoned and turned into exile while the rest of the punishments including fines, forfeiture of property and disqualification should stay. When told that the people in streets felt as if they had been betrayed by the government for allowing a safe exit to the Sharifs, the government spokesman said, "the government has actually taken a compassionate view of the situation and converted the imprisonment into exile." Qureshi dispelled the impression that a "deal" was 'brokered' either by a Saudi prince or was the exit the consequence of Saudi Arabia's pressure. REFERENCE: Sharifs lose 80pc of assets, says Qureshi by Ansar Abbasi Week Ending : 16 December 2000 Issue : 06/48 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/dec1600.html
It was said that the Saudi government had given assurance that the Sharifs would not take part in politics "for quite some time". "Besides, the Sharifs, too, had given the undertaking in writing
not to take part in politics," the source said. Asked how Saudi Arabia would prevent any of the Sharifs to travel to London and issue political statements from there against the military regime, the source said: "If the Saudis can get the Sharifs freed, they can also make them behave accordingly. They (the Saudis) are very strict in their commitments." The source, however, refused to accept that there was any Saudi "pressure" on the government to get the Sharifs off the hook. In reply to a question, the source said that those exiled to Saudi Arabia would remain there. "If anyone of them goes to some other country he would be bound to come back to the country of exile," the source said.
"We have the best example of Idi Amin who lives in Saudi Arabia with his 19 wives but as a completely non-political entity." Persuading the government for pardon, the Saudi authorities had said that not only would it be an Islamic act to set Nawaz Sharif free after the payment of Qisas but it would also be politically helpful to the military regime. "We were told by the Saudis that they had also tried to get Zulfikar Ali Bhutto freed but Pakistan's response in negative had plunged the country in an unending political turmoil," the source said. He stated that the military government was expecting that the departure of Sharifs' from politics would set things, particularly economic situation, right for the country. The government, he said, hoped that the present state of "shock" and "uncertainty" would not last long. "Don't you agree with the idea of throwing the dirt out to get the house in order," the source commented. REFERENCE: Cabinet had no idea of exile deal Ansar Abbasi Week Ending: 16 December 2000 Issue:06/48 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/dec1600.html
ISLAMABAD, June 29: The Chief Executive, Gen Pervez Musharraf, has shown in principle his agreement to the police reforms proposed by the interior ministry but avoided its immediate implementation owing to the government's devolution plan. At a meeting held here on Wednesday evening, the chief executive agreed to the recommendations formulated by the interior ministry's focal group on police reforms. However, on the insistence of the National Reconstruction Bureau (NRB) no decision was taken on the implementation of the reforms pursued by the interior minister. Interior Minister Lt-Gen (retd) Moinuddin Haider, NRB chief Lt-Gen (retd) Syed Tanvir Naqvi, and senior officials of the chief executive secretariat and interior ministry attended the meeting. Reliable sources in the chief executive secretariat told Dawn that the interior minister pressed for the immediate implementation of these reforms as, he argued, the country badly needed independent but accountable police.
The NRB chief, however, said that he intended to finalize his recommendations on district government plan by the end of August so the government should refrain from introducing these reforms until the plan, which also covered reforming district police, was given shape. Since there are two sets of police reforms - one proposed by the interior ministry and the other considered by the NRB under its district government plan - currently under consideration of the government but both contradicting each other, the chief executive asked the two sides to remove the contradictions through consultation. Final decision on police reforms, it was decided, would be taken later. However, contrary to what was discussed at the meeting, the NRB publicised through newspaper advertisements on Thursday its own system of police reforms which totally negates what was proposed by the interior ministry. The interior ministry wants the police to be under an independent national/provincial/metropolitan safety commission to ensure the depoliticization of the force and ensure its impartiality.
But the NRB as publicised in the newspapers not only put the police under the proposed chief mayor's control but authorised him (mayor) and the district assembly to select a police officer of their choice. The NRB proposes that even the ACR of the district police chief will be written by the chief mayor. At the same time the inspector general of police of the province, the NRB proposal said, would write technical report of the district police chief. The interior ministry sources seemed perturbed over the premature publication of this advertisement at a time when it was not even accepted by the ministry. They said this advertisement was also in complete disregard to what had already been agreed between the NRB and the ministry. REFERENCE: Police reforms: Chief Executive okays interior ministry proposal by Ansar Abbasi Week Ending : 1 July 2000 Issue : 06/25 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/jul01.html
ISLAMABAD, June 25: A large number of bureaucrats, found to be corrupt or inefficient, are to be placed under suspension anytime after July 31, reliable sources told Dawn on Sunday. The Chief Executive, Gen Pervez Musharraf, has directed the secretary of establishment division to seek lists of such unwanted members of the civil bureaucracy both from federal and provincial authorities by the date for an 'immediate action', it is learnt. The CE chaired a meeting of the top functionaries here on Saturday
to review the performance of the civil bureaucracy. Gen Musharraf wanted all the government institutions to follow the precedence set by the Central Board of Revenue which recently placed more than 1,000 officials, including over 100 senior bureaucrats associated with customs and income tax groups, under suspension after establishing charges of corruption and inefficiency against them, the sources revealed. The CE, it is also learnt, intended to talk personally to the governors and federal ministers to help speed up the process of 'cleansing' the bureaucracy. The establishment secretary told the CE that the federal and provincial authorities had already been directed to make such lists available to the the establishment division at the earliest but their response was not so encouraging. On his contention, the chief executive asked the secretary to issue a reminder with stress on the urgency of the task. During the meeting, officials apprised the CE of the progress on the government's plan aimed at restructuring and reforming the civil services. Those who attended the meeting included Sahibzada Imtiaz, a member of the National Security Council, Lt-Gen (retd) Mumtaz Gul, chairman of the Federal Public Service Commission (FPSC), Lt-Gen Ghulam Ahmad, chief of staff to the CE, Tariq Aziz, principal secretary to the chief executive and Tariq Saeed Haroon, the establishment secretary. They informed Gen Musharraf of the measures taken for the implementation of the plan. Restructuring the FPSC, encadrement of occupational groups, career planning for bureaucrats, disciplinary proceedings, promotion and transfer policies and rightsizing in government departments were the other issues discussed at the meeting. REFERENCE: Chief Executive seeks list of 'corrupt' bureaucrats by Ansar Abbasi Week Ending : 1 July 2000 Issue : 06/25 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/jul01.html
ISLAMABAD, June 27: Interior Minister Moinuddin Haider said on Tuesday that the chief executive would start holding meetings with "clean"politicians from next week to develop consensus on various issues. Talking to newsmen here, the minister explained that the chief executive would meet only the "clean politicians filtered through a sieve". The politicians, he stressed, needed to feel their responsibilities and behave accordingly, adding that the future of the country belonged to them. He said the military had to leave office, as ultimately a democratic government would be in place. In reply to a question, the minister said the government would not contact those politicians who had been involved in corruption, tax evasion or plunder of national wealth. Mr Haider said that politicians, traders, bureaucracy, etc., would have to play their roles for the development of the country, adding that every body would have to share the burden equally.
APP adds: Asked to define the "good politicians,"he said people were the best judges and the government would act according to their aspirations. Referring to de-weaponization, the minister said that display of arms was contrary to the norms of civilized societies. REFERENCE:Chief Executive to meet 'clean' politicians soon Ansar Abbasi Week Ending: 1 July 2000 Issue : 06/25 [Courtesy Daily Dawn Wire Service] http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/jul01.html
ISLAMABAD, Aug 9: The Pakistani authorities and the visiting US Law and Justice Department consultant Harry Marshall held talks on extradition issue. Besides, having an introductory talks with the National Accountability Bureau chairman, Marshal also spoke at a seminar organized by the NAB for the officers of the bureau, interior ministry, foreign office and other government agencies. The NAB chairman, Lt-Gen Syed Amjad Hussain, told Dawn that the objective of Mr Marshall's visit was to educate the Pakistani authorities about the procedures and legal requirements that were needed to be adopted in taking up a solid case of extradition with the US. "We did not discuss any individual case of extradition rather tried to equip ourselves as how should we prepare the (extradition) case that can stand the examination of the US Law and Justice Department," the NAB chief said. He categorically denied that Mr Marshall was here to give any sort of assurance about the extradition of any particular person or group of persons sought by Pakistan. "Mr Marshall is not from State Department, neither he is here for the purpose of discussing extradition case of any particular person," Mr Amjad explained. He said the visiting official briefed the Pakistani authorities about the US laws pertaining to extradition. When asked to comment on the outcome of the first day of the discussions, the NAB chief said: "I can safely say that we made progress." He added that Pakistan, in the light of these discussions, would ensure in the future that by default its extradition requests were not turned down by the US authorities. REFERENCE: Extradition talks with US expert make progress Ansar AbbasiWeek Ending: 12 August 2000 Issue : 06/30 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/aug12.html
ISLAMABAD, Aug 18: The government said on Friday that two amendments would be made to the Constitution to provide safeguard to the devolution plan. It would also be ensured that the future governments should not bulldoze the amendments, the National Reconstruction Bureau (NRB) chairman Lt-Gen (retd) Tanveer Naqvi told a news conference. He said the two amendments were necessary at this stage. One of the proposed amendments, he said, would provide constitutional protection to the local government system and the other would ensure that the Constitution should not be amended by the future governments in 10 minutes as had happened in the past. "We will take all possible measures to ensure that the local government system could not be reversed by the succeeding governments," the NRB chief said in response to a question. Mr Naqvi also said that the NRB would now start work on the second phase of the plan under which the powers would be shifted from the federation to the provinces. In the same phase, to be completed by August 2001, the question of provincial autonomy would also be addressed.
He hinted that the constitution might also be amended to meet the necessities arising out of the second stage of the plan. To a question, Mr Naqvi said the politicians, intelligentsia, academics and people from all walks of life would be consulted to prepare a framework for the transfer of powers from the centre to the provinces. The NRB chief disclosed that the bureau had also drafted a proposed law on local government in line with the devolution plan, which, he added, would soon be given to the provinces for promulgation. He said by Sept 30, the law would be enacted so that the local bodies elections could be held on schedule. The NRB, he said, was also preparing electoral rules on the basis of which the election commission would hold the local bodies elections.
In a few months time the bureau would also evolve six major systems to be adopted by the local governments, the NRB chief said. These systems, he added, would address to the financial, administrative, planning, and legislative aspects of the local governments besides introducing citizens' monitoring system. An incentive system for government employees would also be introduced on the basis of reward and retribution concept. About police reforms the NRB chief said a new law would be introduced by replacing the outdated Police Act of 1861. He said the NRB was currently shaping up the new act and would promulgate it when finalised. He said the NRB was also contemplating reforms in the police service to improve the existing induction procedure, career, term of engagement, training, and pay structure of the police force. Answering a question, Mr Naqvi justified the elections on non-party basis and insisted that the candidates fielded by political parties did not serve the people. "They serve their political leaders and the parties," he argued and maintained that those elected independently "actually serve" the people.
To another question, he said, a member of any political party could contest the forthcoming local bodies elections. But, he disclosed, no such candidate would be allowed to use the party's influence for his/her elections. When asked about the nature of appointments of district coordinating officers (DCOs), he said any one from any service group could be inducted at the district level bureaucracy. This post, he said, had not been specified for any particular group or service of the civil bureaucracy.
APP adds: Naqvi assured that the elected members of the union councils would not be made an electoral college for election to any highest slot in the country. Responding to a question, he said the government had neither any intention in the past nor harbour it now and would not mull it even in future, to turn the elected councillors into an electoral college to elect the president as was done by President Ayub Khan. The 'basic democracy' system was used in Ayub Khan era to elect the president. The local government, he said, would be financially self-reliant. On the administrative system, he said, we are looking into matter as to what was the effectiveness of the department of magistracy, which was part of the colonial system. "We are looking whether there is a need for the administration to have the judicial power," he added.
The chairman on developing the planning system said, they were working on the approach to start the process of planning from the lower tier to the upper level. On the legal system, he said as in the past, there should have the legal power at the district, Tehsil and the Union level. He said that the elections will be held in accordance with the 1998 census and at present the provincial government were carrying out delimitation of the union councils. He said all the union councils would comprise almost the same population to ensure equal representation of the people at district level. Gen Naqvi dismissed the contention that the present system was against the Islamic injunctions, saying the power devolution plan was to provide justice to the people. To a question if the government would be able to put police stations under an assistant superintendent of police (ASP), he said, it was possible as an officer of this rank needed training of six to one year. More officers of this rank would be recruited. This can be done either through lateral entry or some other way, he added. Replying to a question on first information report (FIR), he said, under the local government system this could be registered even outside the police station. Answering a question why the government decided to continue with the separate electorate for the minorities, he said this was one way of giving them representation. Mr Naqvi conceded that joint electorate was another way of allowing minorities to choose their representatives. Asked who decided to continue with the separate electorate, Mr Nagvi said, it was the government's decision.
Replying to a question on the 1979 Local Bodies Act, he said, that only those provisions relating to the elections would be implemented. He said holding of local elections under the devolution plan would not violate Article 32 of the Constitution. To a question, he said, the party-based elections only bring in rich people to the fore as only they can afford to buy party tickets, leaving no room for the poor to contest the polls. TAXES: Responding to a question, he said, no district would be allowed to impose any import or export tax. "No tax will be allowed on the movement of goods from one district to another," he said. To another question, he said, the people of tribal areas were devising their own plan in the light of the local government system. Once they were able to conceive such a plan, he said, the government would help them in this regard. REFERENCE: NRB chief hints at imminent changes: Constitution being amended By Ansar Abbasi Week Ending: 19 August 2000 Issue : 06/31 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/aug19.html
ISLAMABAD, Oct 20: The government has decided to hire experts from the private sector to help the FIA in detecting white-collar crimes like bank frauds, kickbacks and bribery. Interior Minister Moinuddin Haider, who visited the FIA headquarters on Friday, said that "properly qualified" people would be inducted in the FIA to investigate complicated cases of white - collar crime. The minister approved the hiring of private individuals and companies, such as chartered accountants, auditors and cyber experts in cases where the FIA did not have expertise. The minister announced that immigration and passports cells of the agency would be separated from it and handed over to the NADRA, says a press release.
The minister was briefed on the structure, administration, efficiency and discipline, operations, charter of duties and other matters of the FIA. He cited the examples of land scams, property builders, visa agents and investment partnerships on which a large number of public complaints had been registered. "People spend lots of money in these areas and one day someone disappears with it," the minister was quoted as saying. He directed the FIA officials to prepare recommendations and suggestions so that such complaints could be taken care of. The minister told the concerned officials to review those laws which had become redundant and obsolete with the passage of time and were usually misused by the corrupt elements in the department to harass the people and extort money from them. REFERENCE: Private experts to handle white-collar crime by Ansar Abbasi Week Ending: 21 October 2000 Issue: 06/40 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/oct21.html
ISLAMABAD, Nov 9: The government is currently busy in finalising a draft law that will equip the government with the power of summarily dismissing "corrupt" and "inefficient" bureaucrats. Official sources told Dawn here on Thursday that the draft being discussed by the authorities, suggested the removal of "known corrupt" by merely issuing the show-cause notice. The authorities intend to avoid being dragged into normal disciplinary proceedings which include holding of proper inquiry to judge whether the accused officer is really involved in the charges he is facing.
Sources said that the draft law had already been discussed at the highest level during the last week. A high-level committee headed by law minister Aziz A Munshi and comprising Tariq Aziz, principal secretary to the chief executive and secretaries of the law, cabinet and establishment divisions as members is assigned by the CE to evolve the strategy for getting rid of known corrupt who are otherwise untouchable owing to non-availability of concrete documentary evidence. The military government is reportedly finding its hands legally tied up in tightening the noose around the corrupt officials. The authorities admit that the government is facing a dilemma - it knows the bureaucracy contains corrupt officials but cannot remove them owing to the non-availability of the evidence.
The new legislation, according to a source, was being contemplated to get a solution to this problem. The draft law, which was not yet final, suggested that the corrupt officials should be removed from service merely by issuing a show-cause notice, the source added. REFERENCE: Law soon to dismiss 'corrupt' officials by Ansar Abbasi Week Ending : 11 November 2000 Issue : 06/43 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/nov11.html
ISLAMABAD, July 27: The central board of revenue (CBR) has not yet initiated disciplinary proceedings against its officers suspended on corruption charges two months back. Lack of evidence is said to be the main cause of delay. The CBR chief on May 27 had suspended 1,045 officials, including 300 from income tax and customs groups in grade 17 to 21, on charges of corruption and malpractices. But, none of them have so for been issued even the charge sheet. "We have not yet even framed charges against any of the officer," a CBR source, who has been engaged in the suspension exercise, told Dawn. He admitted that the authorities were finding it hard to bring up concrete evidence against the officials that could stand the independent inquiry and ultimately justify the CBR's action.
Framing of charges, serving of these charge sheet and constitution of committees for initiating inquiry against the accused officers are the three main steps required to be taken during the disciplinary proceedings, he said. But nothing has been done so far, he added. There is a great realization within the bureaucracy that indecent haste was shown by the CBR administration in compiling the list of "corrupt" officials and in their suspension. In an apparent effort to separate the wheat from the chaff many innocent officials might have been victimised because of the personal liking and disliking of those involved in the exercise, a source commented. He said initially the government had decided to dismiss, straight away, these officials by issuing a stringent legislation but later the decision was reviewed and the authorities were convinced to suspend them and give them a fair trial.
The chief executive, the sources said, was even told that most of the suspended officials would be reinstated as the CBR would not be able to back these suspensions with concrete evidence that could stand a fair trial. The framing of charges is also said to be a tedious and technical job. The uncalled for delays in disciplinary proceedings, they said, would further spoil these cases because of possible tempering of records by some well connected suspended officers. The CBR chief, who is also revenue division secretary, had acted under the newly-promulgated ordinance - Civil Servants (Special Power) Ordinance 2000 - to suspend the 1,045 officers. Under the rules, the secretary will issue charge sheet to officers in grade 17 to 19 and in case of grade 20 and above he will seek the chief executive's approval before issuing the charge sheet. The officials in lower grades will be issued the charge sheet by their respective regional bosses. The officials were suspended initially for a period of six months. The suspension period can be extended by the revenue division secretary.
Though the Civil Servants (Special Power) Ordinance, 2000, was issued to ensure swift proceedings against the corrupt, there is no time limit set by the ordinance for the completion of the inquiry proceedings after the suspension of an officer. However, once the inquiry committee is constituted it is required under the law to give its recommendations as to impose penalty or exonerate the accused within 30 days. REFERENCE: CBR yet to frame charges against suspended officers BY Ansar Abbasi Week Ending: 29 July 2000 Issue: 06/29 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/jul29.html
Watch BBC Documentary on 12 Oct 1999 Martial Law in Pakistan and please do watch while keeping in mind the Article 6 of 1973 Constitution of Islamic Republic of Pakistan. Please also note as to what the BBC Correspondent has to say about Judiciary. REFERENCE: Courtesy: Mr Wusatullah Khan, Correspondent BBC, فوجی بغاوت کے دس سال