EXCEPTIONAL personal moral standards ought to be a prerequisite for holding high public office, particularly in the case of those whose task it is to judge the morality of others. But unfortunately, such high standards are in short supply in this land of the pure. That has led to diminishing public trust in our state institutions.
In the wake of recent allegations of turpitude involving the head of the country’s top accountability bureau, the question of morality and ethics in public office has assumed greater relevance. As played out on social media, in mainstream media and in the public discourse, the allegations of immoral behaviour on the part of the National Accountability Bureau (NAB) chief are too serious to be dismissed as a ‘conspiracy to malign him’.
Justice Javed Iqbal has been in the eye of the storm for some time now, because of the controversy surrounding the draconian accountability process.
The reputation of NAB as an impartial investigative body is at stake.
His public stance has not helped ensure impartial implementation of the law. His latest remarks to the local media have brought into question the entire anti-corruption drive. His comments about opposition leaders seeking some kind of a deal to extricate themselves from the graft cases against them, and pressure from different quarters on him not to act against certain elements, has prompted questions about his own impartiality. Being a former judge of the Supreme Court, one expected from him a greater degree of caution.
A major question is whether he should be speaking to the media at all and giving his personal views. The reaction of the opposition parties and the storm his remarks have stirred were predictable, and have reinforced perceptions of the accountability process in the country being politically motivated. The clarification issued by NAB did not satisfy the critics.
More damaging, however, have been the video and audio recordings that purportedly showed the NAB chief engaging in overly familiar conduct with the wife of a man under investigation by the bureau. A mainstream private TV channel was the first to air the videos. Although they were immediately taken off air on Pemra’s orders and the channel tendered an apology, the recordings went viral on social media.
While the authenticity of the recordings is yet to be proved, the damage has been done. Again, the official NAB statement left many questions unanswered. It was not enough to dismiss the recordings as fake.
NAB has reportedly filed a reference against the woman and her husband, who is believed to be in the bureau’s custody, on blackmailing charges.
A major question is whether Justice Iqbal had any contact with the person in the recording. The opposition’s demand for a parliamentary investigation into the matter is valid. There is also a need for a forensic examination to ascertain whether the recordings are real or fake. It is a serious allegation against the holder of a high and important public office and must not be set aside.
What has made the matter more complex is the ongoing blame game between the government and the opposition parties. The two major opposition parties — the PML-N and the PPP — that have long been questioning the impartiality of NAB and its chief now seem to be more interested in blaming the government for leaking the videos in order to bring the bureau under pressure. According to them, the government wanted NAB to stop investigations against PTI leaders.
It is an absurd conspiracy theory that diverts focus on the real issue. On the other hand, the government wants to put aside allegations of misconduct against the NAB chief fearing that it could obstruct the ongoing corruption probes against opposition leaders. It is irrelevant how the recordings were leaked; the real issue is to verify the authenticity of the allegations.
More importantly, it is the reputation of NAB as an impartial investigative body that is at stake. The latest allegations against its head have brought this premier anti-corruption body under intense public scrutiny. It is crucial to reach a conclusion on the scandal.
Surely, corruption is a major problem that saps the economic and social progress of the country. But the flaws in the bureau’s own operations are certainly not going to help the so-called anti-corruption campaign. Its sweeping authority has rendered the anti-graft body unaccountable.
Under NAB laws, anyone can be detained on mere allegations. In some cases, the accused have been detained for months without charge to enable the authorities to extract a confession from them and make them agree to a plea bargain. Such draconian measures have made the so-called accountability process questionable.
In fact, there is a need to revisit all NAB laws that violate the basic norms of justice, making the body controversial. Although NAB is supposed to be an autonomous body, in effect it has never been so. The NAB chief’s remarks in the interview bolster the perception of selective accountability and political victimisation.
It is true that many of the politicians may have been involved in wrongdoing, but the way in which cases have been pursued against a selected few has made NAB’s actions open to criticism. Therefore, it is imperative to overhaul the bureau, make it independent of political pressure, and remove its inhuman face.
It is equally important to ensure that the head of the organisation is a person of integrity with high ethical standards. Personal moral values, therefore, have to be impeccable. Ethics in public service must meet the highest principles. Anyone holding high public office is morally bound to abide by the latter.
The NAB chief must emerge clean from the allegations if public trust in the accountability process is to be restored. It would be appropriate if he stepped down to allow an impartial investigation. The other option is for the government to send a reference to the Supreme Court. Any expediency on the part of the government would be extremely damaging for its promise to establish the rule of law.
The writer is an author and a journalist.
[email protected]
Twitter: @hidhussain
Published in Dawn, May 29th, 2019