Daily Times

The very reason behind writing this article is that, in the present era, cheaters and fraudsters are using different tactics to deprive innocent members of the public at large of their hard-earned money by making false and flimsy claims of huge profits against the investments. It is important to mention here that it is not only the residents of Pakistan who are being defrauded/looted but a number of cases/ claims have also been reported to this Bureau by the overseas Pakistanis as well in different cases. In pursuant to amendments Acts of 2022, which the legislature has introduced in NAO-1999, it has been disseminated by some people that NAB is no longer competent to take cognizance of scams committed against the public at large.

Resultantly, these rumors have spread a wave of disappointment among the complainants/affectees whose matters have been taken up or ought to have been taken up by NAB before the commencement of the amendments Acts of 2022. In this backdrop, I have tried to write some words for the purpose of clarity among the general public pertaining to the phrase “Public at Large” for understanding the legal position after the promulgation of the Amendments Acts of 2022 in context with offenses of cheating and criminal breach of trust.

The relevant provisions of law unambiguously suggest that “receipt of a complaint” sufficiently complies with the respective pre-conditions for taking cognizance. The common source on which cognizance is usually taken by NAB is the Complaint (from a “private complainant”). The prevalent law lays down conditions precedent for initiation of proceedings in respect of all the offences under NAO-1999 and does not draw any distinction in respect of certain classes of offenses. In the absence of any prohibition in the law, express or implied, I am of opinion that it is open to NAB to consider initiation of an inquiry pertaining to the offences of the Public at Large even on receipt of one complaint which adequately discloses the commission of a cognizable offence.

When “LAW” does not spell out any specific requirement of “100-Complaints” involving “Rs. 500 million” for initiation of inquiry then the stance, propagated by some renowned lawyers in the field of white collar crimes that NAB is no more competent to take cognizance with respect to offences committed against the public at large. This position is plainly irrelevant in the stated context and contrary to law. In my humble view, the approach to initiate proceedings only after receipt of 100 complaints along with consequential loss of Rs. 500 Million defies the objects of legislation.

However, there is absolutely no dispute that in order to prosecute an accused before the Court of law on the basis of charge of commission of offence of cheating or criminal breach of trust, NAB has to establish that the accused person defrauded / deceived at least one hundred persons causing consequential loss / gain of the value not less than five hundred million rupees. It is also suggested that Legislature should make efforts to legislate further in order to streamline the provisions pertaing to offences committed against public at large.

The writer is a Senior Prosecutor in National Accountability Bureau @IRFANBOOLA.