Anti-corruption laws in Pakistan are aimed at preventing and punishing corruption in the public and private sectors. However, the effectiveness of these laws depends on the performance and independence of the anti-corruption investigation agencies (ACIAs) that are responsible for enforcing them. These agencies include:
National Accountability Bureau (NAB):
This is the apex anti-corruption agency in Pakistan, established by the National Accountability Ordinance (NAO) of 1999. It has the power to investigate and prosecute cases of corruption, misuse of authority, money laundering, and other offences involving public servants, politicians, and private individuals. NAB also has the authority to freeze and confiscate assets derived from corruption. NAB claims to have recovered Rs. 466 billion during 2000-2019, including Rs. 142 billion in 2019.NAB law has rece8vern amended by PDM government.
Federal Investigation Agency (FIA):
This is a multi-tasked agency that deals with various crimes, including corruption, cybercrime, human trafficking, terrorism, and economic offences. FIA was established by the Federal Investigation Agency Act of 1974, which merged the Special Police Establishment (SPE) that was previously responsible for anti-corruption cases. FIA has an Anti-Corruption Wing (ACW) that monitors the working of the FIA Zonal Directorates pertaining to anti-corruption laws, spurious drugs, theft of electricity gas and oil, and violations of human organ transplant act4. FIA also has a Crime Record Office (CCRO) that collects, compiles, maintains and updates information on crimes dealt by FIA.
Provincial Anti-Corruption Establishments (ACEs):
These are provincial-level agencies that investigate and prosecute cases of corruption involving provincial government employees and funds. They operate under the respective provincial anti-corruption laws, such as the Punjab Anti-Corruption Establishment Ordinance of 1961, the Sindh Anti-Corruption Establishment Act of 1997, the Khyber Pakhtunkhwa Ehtesab Commission Act of 2014, and the Balochistan Anti-Corruption Establishment Act of 2017.
Offices of Ombudsman:
These are independent offices that provide an alternative mechanism for resolving complaints against maladministration and corruption in public service delivery. They operate under the respective ombudsman laws, such as the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order of 1983, the Establishment of the Office of Federal Tax Ombudsman Ordinance of 2000, the Establishment of Office of Banking Mohtasib Pakistan Order of 2005, and the provincial ombudsman acts. They have the power to investigate complaints, recommend corrective actions, and refer cases to relevant authorities for disciplinary or criminal action.
A critical evaluation of these anti-corruption laws and agencies reveals some strengths and weaknesses.
Some of the strengths are:
The anti-corruption laws cover a wide range of offences and provide for severe penalties, including imprisonment, fines, disqualification from public office, and confiscation of assets.
The anti-corruption agencies have extensive powers to investigate, arrest, prosecute, and recover assets from corrupt individuals and entities.
The anti-corruption agencies have specialized units and wings to deal with different types of corruption cases, such as economic crimes, money laundering, spurious drugs, etc.
The offices of ombudsman provide a low-cost, speedy, and accessible avenue for citizens to seek redress against maladministration and corruption in public service delivery.
Some of the weaknesses are:
The anti-corruption laws are often vague, ambiguous, overlapping, or inconsistent with each other, creating confusion and loopholes for offenders.
The anti-corruption agencies lack operational autonomy, financial independence, human resources, technical capacity, and coordination among themselves and with other stakeholders.
The anti-corruption agencies face political interference, judicial delays, media pressure, public distrust, and resistance from powerful vested interests.
The offices of ombudsman have limited jurisdiction, enforcement powers, resources, and outreach.
Therefore, it can be concluded that while Pakistan has a comprehensive legal framework for combating corruption, it needs to improve its implementation and enforcement through strengthening its anti-corruption agencies and ensuring their independence, accountability, transparency, professionalism, and cooperation.
