The Supreme Court of Pakistan has been hearing the case of illegal and irregular appointments in the National Accountability Bureau (NAB). The latter admitted before the court that three of its serving Directors Generals were ineligible at the time of their appointments. That the country’s top accountability institution recruits, retains and promotes staff in contravention of principles established by court judgments, is a scathing reflection of the way institutions function in Pakistan.
NAB was created under Gen Musharraf when he vowed to eliminate corruption – a populist ruse used by all dictators throughout our history. Within years of its creation, the bureau lost its initial steam and its problematic charter transformed it into an arena of witch-hunts, plea bargains and fixing politicians when required.
Sadly, the political governments have not shown interest in bringing this institution into line. Its law requires urgent amendments and a draft bill has been gathering dust in parliament. The current chief has been at the centre of the media maelstrom for his close ties to the Prime Minister in his earlier career as a civil servant. And now we are finding out how many staffers were recruited by politicians, people who should not have been there in the first place.
NAB’s credibility continues to plummet and it is time for the parliament to rethink how will it rebuild public trust in democratic institutions when the ruling ministers are seen as above the law. The report presented before the bureau acknowledges that hundreds of irregularities in appointments and promotions have taken place at the NAB since its inception. A tragic reminder of arbitrary appointments is how a Director General was recruited for his experience in carrying out investigations while he was a teacher in Mansehra.
Other irregularities have been pointed out, too. Senior officials claim to have earned degrees, which are not offered anywhere. Another case relates to the appointment of a tennis player to a senior position the bureau in acknowledgement of her services to the nation. The Supreme Court is right in directing the NAB to offer ‘premature retirement’ as an option to at least nine officers whose appointment suffered from “inherent disqualification”. This might solve this particular problem but it is not going to change the way this institution works. Worse, some officials are accused of being involved in graft and other such dealings – the very practices that they are charged with controlling and prosecuting.
NAB is a public institution, and as such, must set high standards, practice transparency and set a model for other public sector organisations suffering from corruption, malpractices and political interference. For this to happen, its legislation needs to change with clearly stated objectives and procedures. It needs full operational autonomy and powers to prosecute even the most powerful.
Beyond the short-term objectives of politicians, reforming NAB will be vital for the future of democracy in Pakistan. There is a popular consensus in the country that institutions such as this and the Federal Investigation Agency, among others, fail to question those in power. The lessons from history are clear. Whenever politicians are unable to create consensus and institute accountability, the unelected institutions such as the military and the judiciary step in. And the people welcome them. *