NAB completely independent; working without any interference of government; Law Minister

ISLAMABAD: Minister for Law and Justice Dr. Muhammad Farogh Naseem on Wednesday said that National Accountability Bureau (NAB) is completely independent institution and it is working without any interference of the government.

“NAB is also conducting inquiry of those who are in government and no interference is being made within its affairs,” the minister said while responding to the speech of the Leader of the Opposition Mian Shahbaz Sharif in National Assembly.

The minister objected on discussion made by the Leader of the Opposition regarding sub-judice matter and said that it is rule of law to ensure implementation on the rules and section 31 (3-A) of the Rules of Procedure and Conduct of Business in National Assembly 2007 says that a member while speaking shall not discuss any matter which is sub-judice.

He said the Leader of the Opposition suggested to constitute House Committee to discuss conduct of NAB but section 36 of National Accountability Ordinance (NAO) prohibits for the same which says “ no suit, prosecution, or any other proceedings shall lie against the Federal Government, Provincial Government, Chairman NAB, or any other member of the NAB or any person exercising any power or performing any function under this Ordinance or the Rules made hereunder for any act or thing which has been done in good faith or intended to be done under this Ordinance or the rules thereof”.

He appreciated the decision of the Speaker issuing production order for the Leader of the Opposition and said that Assembly Rules suggested two options to him. “I guided him properly as per rules when he contacted me in this regard” he said and appreciated the decision of Speaker into this particular matter.

He said that Rule 108 (1) of the Rules of Procedure and Conduct of Business in National Assembly says “the Speaker or Chairman of a Committee may summon a member in custody on the charge of a non-bailable offence to attend a sitting or sittings of the Assembly or meeting of a Committee of which he is a member, if he considers his presence necessary”.

However, he said that any sub-judice matter cannot be discussed in the House following Rule 31 (3-A) of the House and Article 204 of the Constitution of Pakistan.

He said that it cannot be determined that NAB inquiry is unlawful because NAB can arrest any accused following section 24 of NAB Ordinance which says “ the Chairman NAB shall have the power, at any stage of the investigation under this Ordinance, to direct that the accused, if not already arrested, shall be arrested,”.