NAB References

National Accountability Bureau

The main purpose of the National Accountability Bureau is to investigate and prosecute against all those people who have done corruption or is involved in corrupt practices by the misuse and abuse of powers. If any citizen of Pakistan who holds the public office and misused his powers, made assets beyond its means and such complaint has made against him in NAB, then NAB will come into the action. The NAB upon any such information will investigate and prosecute against such person. After the investigation by the NAB if the National Accountability Bureau authenticate that the accused is not guilty the case will be closed and the accused will be acquitted. However, if the NAB founds such person guilty or involve in such kind of offence, the NAB will take action and challan the accused in court. The Accused may be punished for rigorous imprisonment of a term up to 14 years along with fine and all the assets of Accued will be freezed. All the properties of Accused whether in Pakistan or abroad will be confiscated. The abroad properties of Accused will be sealed on the request of Chairman NAB or other authority of federal government. The Pakistani authorities may also request the foreign states to collect the evidence against such assets of Accused and freeze the properties or accounts till the pendency of trial in National Accountability Court in Pakistan. During the trial the properties may not be transferred on the name of any beneficiary or benamidar if it happens so the transfer of such property will be a crime, null and void. The Assets of Accused means any movable or immovable property owned by Accused, controlled or belonging to Accused whether directly or indirectly or held benami on the name of beneficiaries.

Investigation

The Investigation includes all the proceedings under this Code for the collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf; (m) ‘Judicial proceeding’. Investigation refers to the process of collecting information (or evidence) about a crime in order to: (1) determine if a crime has been committed; (2) identify the perpetrator; (3) apprehend the perpetrator; and (4) provide evidence to support a conviction in court. If the first three objectives are successfully attained, then the crime can be said to be solved. Several other outcomes such as recovering stolen property, deterring individuals from engaging in criminal behaviors, and satisfying crime victims have also been associated with this process. An Inquiry or investigation under the National Accountability Ordinance 1999 shall be completed expeditiously as may be practical and feasible. The Chairman NAB or any authorized officer shall collect the material and evidences and if Chairman NAB thinks that the material against the Accused is sufficient to justify the filing of a reference then he proceed further to refer the matter to Court.

Inquiry

Inquiry is defined in Section 2(g) of Criminal Procedure Code 1898, ‘Inquiry’ includes every inquiry other than a trial conducted under this Code by a Magistrate or Court; An Inquiry primarily aims at determining the truth of reported crime or falsity of facts if any. Inquiry refers to proceedings conducted by a Court or a Magistrate. In the National Accountability Bureau Ordinance, the Chairman or any other officer authorized by him on the complaint if deems fit to initiate inquiry against such person whose complaint has been received. The chairman NAB or any other officer authorized by him Under section 19 NAB Ordinance, during the course of inquiry or investigation may call for the information, any person for the purpose of satisfaction whether there has been any contravention of the provisions of this ordinance or any rule, require any person to produce the documents relevant to the inquiry, examine any person, banks, financial institutions acquainted with facts and circumstances of the case and the Chairman NAB may in this regard seek the aid and assistance from any government agency and the information so may collected as evidence in the trial under the Ordinance.

Bail before arrest

This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.  Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. Under the Ordinance the Reference against the Accused will be authorized and filed in an accountability court who after initial proceedings can frame charges of corruption against the Accused. The NAB may arrest the Accused named in the Reference or after the charge is framed. The Accused has right to get bail before arrest from a competent court of law.

Bail after arrest

when a person arrested by law enforcement agency for commission of an offence then he may apply for bail after arrest. The Section 16 of the NAB Ordinance, 1999 laying down the criteria for day to day trial and its conclusion within 30 days. If trial of the case is not concluded within 30 days from the date of submission of challan the accused would automatically become entitled to grant of bail.

Evidence

The Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Under this Ordinance the chairman NAB or any other officer authorized by him during the course of inquiry or investigation may call for the information, any person for the purpose of satisfaction whether there has been any contravention of the provisions of this ordinance or any rule, require any person to produce the documents relevant to the inquiry, examine any person, banks, financial institutions acquainted with facts and circumstances of the case and the Chairman NAB may in this regard seek the aid and assistance from any government agency and the information so may collected as evidence in the trial under the Ordinance.

Reference

Under Section 18 NAB Ordinance 1999, the Court shall not take the cognizance under this Ordinance except on a Reference authorized and filed by the Chairman NAB. The reference under this Ordinance shall be initiated by the National Accountability Bureau on; A Reference received from an appropriate government; receipt of a complaint; or own accord. Under the National Accountability Ordinance the investigating officers submit their findings to the Chairman NAB. The NAB Chairman will approve the Reference. Thereafter the Reference will be authorized and filed in an accountability court who after initial proceedings can frame charges of corruption against the Accused. The NAB may arrest the Accused named in the Reference or after the charge is framed. The Accused has right to get bail before arrest from a competent court of law.

Appeal

Under Section 32 of the NAB Ordinance 1999, any person convicted by the NAB Court can file an Appeal within 10 days of the final judgment, before the high court of that particular jurisdiction and such Appeals are to be heard by a bench comprising not less than two judges constituted by the Chief Justice of High Court.

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