National Accountability Bureau and the Principle of Fair Trial: A Critical Analysis

Wajiha Anis Muhammad; Dr. Tansif Ur Rehman; Aliya Saeed

doi:10.5281/

Authors

Wajiha Anis Muhammad Department of Law, Dadabhoy Institute of Higher Education, Pakistan Author
Dr. Tansif Ur Rehman Teaching Associate, Department of Sociology, University of Karachi, Pakistan; and Visiting Faculty, Department of Law, Dadabhoy Institute of Higher Education, Pakistan Author
Aliya Saeed PhD Fellow at School of Law, University of Karachi, Pakistan Author

DOI:

https://doi.org/10.5281/

Keywords:

Accountability, Due Process, Fair Trial, Human Rights, Judicial Independence

Abstract

The National Accountability Ordinance of 1999 (with the aim of eliminating corruption and ensuring transparency), put in place the National Accountability Bureau (NAB), the leading anti-corruption agency of Pakistan. This aim has often been criticized as the Bureau has not been able to support the right to a fair trial, as provided by the Pakistani Constitution in Article 10-A, even though it is the goal of the Bureau. There are issues of arbitrary arrests, excessive detention with no trial, political victimization, media trials and delayed court proceedings. Even though NAB has a large organizational structure with regional bureaus and accountability courts, its activities demonstrate unrestrained discretion. Its credibility was tarnished by high profile cases, including the Broadsheet scandal. Although NAB records a high conviction rate, the procedures that result to such convictions do not consider the due process rights. This paper is a critical evaluation of the legal context, organizational behavior, and judicial review of the actions of NAB in order to determine whether they are compatible with the standards of a fair trial and suggest institutional changes.