15/07/2022
NAB law ammendments.
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Besides few debatable ammendments in favour of Zardari & Nawaz Shareef over all changes in NAB ordinance is a good move.
Previous NAB Ordinance (repealed law) was a BLACK & BLIND LAW having major violations of Pakistan's Constitution , which have now been rectified.
1.As per Constitution of Pakistan "an Accused is innocent until & unless proved guilty & he has all rights of his Defense" but repealed NAB law was in contradiction of this provision.
2. Repealed NAB law allowed NAB Chairman to arrest any person for 90 days just for investigation purpose & that could also not be challenged in even Supreme Court and also was Unbaleable, whereas Pakistan Constitution allow only 14 days baleable remand for investigations.
3. Every law of any country is based on Rationale & Justification hence 'Burden of Proof' has to be established by Prosector. This is also a provision of our country's constitution. Prosecutor / Law Enforcement Agency has to establish that Mr."A" has committed this crime & this is the proof, but repealed NAB law was not based on it.
NAB Prosecutor was free to frame any charge on any person & he was not required to prove it. Resultatntly innocent accused person had to face Court proceedings for years & decades just to prove him innocent.
4. Pakistan's constitution allow to seize only those account / property which is proved Illegal as per decision of court of law but repealed law allowed "NAB chairman to freeze any account / property" without any court order.
*There are number of other provisions which were also totally Illegal , these were also presented by PTI Govt in Parliment for changes But could not become Law at that time . Now these changes have been made after review of country's renowed & leading legal counsels.*
Hope this clarification would serve the purpose.
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