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Public Information Material
Important Documents | NAB Update | Case Studies | FAQs | Articles
| NAB Update Jan - Mar 2008 | |
FREQUENTLY ASKED QUESTIONS (FAQs)
Q.1 Is NAB selective in its work?
Ans. We have a law and a process that is transparent. Only those cases reach the court, which fulfill all preconditions and measure up to the touchstone of the law.
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Q.2 What is the role of NAB as specified in the law?
Ans. NAB is entrusted with the task of eliminating corruption through a comprehensive approach of Awareness, Prevention and Enforcement.
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Q.3 What crimes can be prosecuted under the purview of NAB?
Ans. Corruption and corrupt practices, misuse and abuse of authority, Assets beyond known sources of income as specified in the NAO 1999. NAB's role is limited to investigation and prosecution of cases in the courts where the law follows its own course.
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Q.4 Does NAB target political opponents?
Ans. Alleging NAB for preferential treatment or favouritism and its use as a political expedient by the Government does not bear the testimony to facts. The Bureau cannot restrict anyone from taking part in the political activities till the time the case is under investigation or prosecution in court.
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Q.5 Is NAB an independent organization?
Ans. NAB is as independent as any other constitutional body in the country. It is rather more independent of political pressures as it is only answerable to the President of Pakistan which is an apolitical institution.
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Q.6 Whom does the Chairman NAB report to?
Ans. Chairman NAB being head of an Autonomous Institution reports to none. The provisions of NAO 99, does not lay down any reporting system except the Annual Performance Report, which is mandatory to be presented to the President of Pakistan by 30th March, every year, regulates the investigation and prosecution process in the NAB.
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Q.7 Is there across the board accountability by NAB?
Ans. The National Accountability Bureau follows a policy of fair, impartial and across the board accountability. Cases are inquired/investigated by NAB on purely merit and do not bear any special preferences or prejudices of political victimization against any individual.
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Q.8 People had high hopes about NAB but NAB has not delivered?
Ans. NAB is going through a transition phase: we are in the process of restructuring to international standards and procedures. The aim of the Organization is to be an effective and transparent anticorruption agency in order to meet the challenges of the future.
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Q.9 Is NAB on a downhill road?
Ans. The impression is not true. It is striving for its goal as part of national duty.
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Q.10 Why are the serving armed forces personnel exempt from the accountability process?
Ans. The armed forces have their own accountability process, which provides for strict action against cases of corruption. Moreover, the NAO does not provide for accountability of serving armed forces personnel.
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Q.11 The civil society and the jurists have certain serious reservations about the NAO?
Ans. There is no denying the fact that there were reservations but as a result of Mr. Asfandyar Wali challenge to the vires of NAB, the Supreme Court examined the NAO and directed necessary amendments. The NAO 99 is adopted by the th Parliament as an enactment through the 17 amendment. Now that the ordinance has passed through legal process of evolution it is admitted as suitable law for the purpose it is designed.
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Q.12. Why is the judiciary exempt from the NAB ambit?
Ans. There is Supreme Judicial Council, which decides allegations and misconduct cases in judiciary. Moreover bringing the judiciary under an administrative action will amount to compromising its independence.
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Q.13. Plea bargain is being taken as NABs discretionary authority to be selective?
Ans. There is a palpable misconception about the 'Plea-Bargain'. The concept has been borrowed from the American Criminal Practice Code where Attorney General is vested with discretion of prosecution and even dropping of charge / charges. The Plea Bargain option is exercised by the accused at his own accord. It is a plea of guilty in exchange for lesser punishment. Such a person is disqualified from holding public office and obtaining loan from bank. Being deemed to be guilty only sentence of imprisonment is waived. The allegation of discrimination while deciding Plea bargain amount is not true as this matter is decided by plea bargain committee comprising banking and legal experts.
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Q.14 NAB was initially created to catch the 'Big Fish' but it has been unsuccessful?
Ans. Court convictions of large number of high ranking politicians, bureaucrats and businessmen over the last six years of establishment has no parallel in the anticorruption history of Pakistan. Nearly in all cases, the Big Fish were prosecuted.
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Q.15 Is there any internal accountability system in NAB?
Ans. Yes, there is an efficient vigilance wing maintaining strict over watch on officials working within the organization.
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Q.16 The standard of investigation in NAB is not up to the desired level?
Ans. The investigation of corruption cases at times didn't measure up to the new techniques in crime. The training requirements to improve and refine investigation techniques have been largely identified and being implemented in phases to improve the system.
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Q.17 Are Accountability Courts working under NAB?
Ans. No. Accountability Courts are working under the administrative and operational control of High Courts and independently of NAB.
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Q.18 How does NAB interface with other anti-corruption agencies abroad?
Ans. It coordinates and cooperates with the international agencies in the cause of eradicating corruption. Training, extradition, assets investigation, freezing of Assets / Accounts are some of the key areas of mutual cooperation. Since there is a flight of capital in corruption to foreign destinations interaction with agencies abroad is necessary.
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Q.19 Can NAB take on the challenges of an effective anticorruption agency of Pakistan?
Ans. NAB is a modern, dynamic anticorruption agency. With capacity building, and continued public support it will take any challenge to combat corruption.
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Q.20 Since NAB is the only Anti-corruption Agency what steps are being taken for capacity building?
Ans. It is being restructured to enhance the output along-with training programme based on training need assessments.
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Q.21 What is the procedure for initiating a case in NAB?
Ans. A genuine complaint to HQ NAB with proof of evidence & allegations and evidence starts the three-tier process of inquiry, investigation and prosecution.
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Q.22 Where does NAB go from here, how do you see the future of this organization?
Ans. The future of the Bureau depends on performance of the Bureau and the support of the political leadership. With steady growth in performance, it will emerge as a potent anti-corruption agency in the Region.
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Q.23 Should NAB be focusing more on enforcement rather than awareness?
Ans. Both are of equal significance.
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Q.24 How has NAB contributed to good governance issues?
Ans. A good deal of corruption in the upper hierarchy has ceased. The improved economic performance points to the impact of accountability drive.
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Q.25 Prevention is the cornerstone of the National Anticorruption Strategy. Is NAB interacting with the public sector to educate them?
Ans. NACS is an effective forum for interaction with public sector. It has performed the assigned role quite/effectively.
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Q.26 What steps has NAB undertaken to generate the political will?
Ans. Politicians are frequently invited on NAB's Workshops. Recently, the President, the Prime Minister, the Ministers and host of other political figures attended a NAB workshop in Islamabad under the title 'Ethics Retreat'.
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Q.27 Is there any political cell in NAB?
Ans. No such cell exists.
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PUBLICATIONS/ARTICLES ON NEWSPAPER
London - Dr Khalid Hassan Khan
Published in KHABRAIN PAKISTAN DATED 21 August 2006
Published in KHABRAIN PAKISTAN DATED 12 August 2006
Published in KHABRAIN PAKISTAN DATED 30 August 2006
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