In a bold move aimed at addressing the misuse of power by the National Accountability Bureau (NAB), a group of ex-prisoners who claim to be victims of NAB’s excesses has written an open letter to the Chief Justice of Lahore High Court, Justice Alia Neelam. This letter underscores the need for urgent judicial reforms to prevent further injustices against innocent individuals caught in the web of NAB’s alleged misuse of authority.
The group, aptly named Injustice Alert, highlights how NAB has consistently overstepped its jurisdiction by converting corporate and commercial disputes into criminal cases, resulting in the unjust detention of individuals who are often innocent. The letter emphasizes that the NAB’s tendency to blur the lines between civil and criminal matters has caused undue hardship for many people, stripping them of their rights and dignity.
NAB’s Abuse of Power
One of the central arguments made by the group is that NAB has been misusing its powers by turning ordinary business and commercial disagreements into serious criminal offenses. The letter states that NAB’s actions often result in unwarranted detentions, leaving individuals entangled in long legal battles without sufficient grounds for prosecution. By framing corporate disputes as criminal cases, the group argues that NAB has created an environment where innocent people are treated as criminals, leading to a distortion of justice.
The group claims that there is little accountability within NAB for these wrongful actions. The letter paints a grim picture of NAB’s unchecked authority, where the individuals responsible for these transgressions face minimal repercussions. This lack of accountability, according to the group, has fostered a culture of impunity, allowing NAB officials to continue misusing their power without fear of consequence.
Judicial Oversight and Reforms
In its appeal to Chief Justice Alia Neelam, Injustice Alert calls for significant reforms within the judicial system, specifically in relation to how NAB cases are handled. They argue that the judicial process for NAB-related matters has failed to provide adequate protection to innocent people and has allowed NAB’s excesses to continue unchecked. To correct this, the group has proposed several key reforms aimed at ensuring fair trials and impartial oversight.
One of the primary reforms suggested is the creation of special benches for NAB-related cases. These cases, the group asserts, should be assigned to judges who possess expertise in both corporate and criminal law. This would ensure that white-collar crime cases are overseen by individuals who have a deep understanding of the complexities involved in corporate disputes. The group believes that appointing fearless and knowledgeable judges would lead to a more balanced and fair judicial process, preventing NAB from overreaching its authority.
The letter further calls for a broader distribution of NAB cases across multiple High Court benches, as is done in the Supreme Court. Currently, all NAB cases are heard by a single Division Bench, which the group argues creates a bottleneck and leads to biased decisions. By allowing multiple benches to oversee these cases, judicial oversight would be expanded, reducing the risk of partiality and ensuring that each case is judged fairly.
Lessons from Supreme Court Judgments
The letter also highlights past Supreme Court judgments, which have acknowledged NAB’s misuse of power in several instances. According to the group, these rulings point to civil disputes being wrongly classified as criminal cases, a practice that has caused significant harm to individuals who were unfairly prosecuted. By drawing attention to these judgments, Injustice Alert aims to reinforce the need for reform and remind the judiciary that NAB’s actions have previously been scrutinized at the highest levels of the judicial system.
Moreover, the group emphasizes that Parliament had to intervene in June 2022 to amend the law, explicitly barring NAB from involving itself in commercial disputes unless criminal intent was evident from the outset. This legislative change was seen as a necessary step to curtail NAB’s overreach, but the group believes that more needs to be done at the judicial level to ensure these reforms are implemented effectively.
Practical Suggestions for Reform
The group has also proposed practical changes to the way NAB cases are handled. They argue that only final decisions should be placed before the Division Bench, as per the NAB Act, whereas currently, every NAB case is being heard by a Division Bench, which is unnecessarily overloading the judicial system. By limiting the scope of cases heard by the Division Bench, the group believes the judicial process could be streamlined, resulting in faster and fairer resolutions.
Furthermore, Injustice Alert has suggested that the accountability trial courts should hire individuals with specialized knowledge of corporate law. This move, they argue, would help maintain a clear distinction between corporate matters and criminal cases, reducing the likelihood of NAB misusing its powers to pursue unjust prosecutions. By having experts in corporate law oversee these cases, the group believes the courts would be better equipped to handle the complex nature of white-collar crime and corporate disputes.
The open letter from Injustice Alert reflects the collective voice of those who have been directly impacted by NAB’s alleged abuses of power. The group’s call for reforms is not only a plea for justice but also a demand for greater transparency and accountability within both NAB and the judiciary. By urging the Lahore High Court to implement these reforms, the group hopes to protect future victims from suffering the same injustices they have endured.
As public pressure continues to mount, the future of NAB’s operations and its role in prosecuting corporate disputes may very well hinge on how the judiciary responds to this call for change.
