National Accountability Ordinance (NAO) 1999 should be amended to insert provision of bail in the interest of justice, they further added.
"NAB has arrested only high-profile accused in recent months, including Shahbaz Sharif, Aleem Khan and Kamran Michael to ensure they do not use their power/authority to mar the evidence," a NAB official told Business Recorder.
He said the NAB chairman orders arrest of any accused at the investigation or inquiry stage only if there is a chance of his/her fleeing abroad, or tampering with evidence.
As per section 24 of NAO 1999, Chairman NAB has the power, at any stage of the inquiry or investigation, to direct that the accused, if not already arrested, be arrested.
Former vice chairman Pakistan Bar Council (PBC) Kamran Murtaza said that NAB ordinance was enacted by a dictator but unfortunately successive democratic governments did not amend it due to which they are now facing the music.
"In other laws there is a provision of bail but the NAB ordinance does not have this provision which is very unfair", he said, adding that the provision of bail should be inserted in NAB ordinance.
Former Justice Muhammad Raza Khan said that keeping in view the spirit of National Accountability Ordinance 1999 Section 24 it is correct but it adversely affects fair trial.
"When NAB arrests any accused at the inquiry or investigation stage, he/she has to resign from his post and is defamed in society as well," he said. "Even if an accused is acquitted later, he cannot regain his previous status", he said, adding that the accused should not be arrested at the investigation stage and an amendment should be made in the NAB ordinance.
He further said that the Supreme Court of Pakistan has recommended that NAB should have bail provision and that the government is interested in modifying this law. Barrister Muhammad Ali Khan Saif said in the present circumstances political influence appears to be evident in the use of the law to arrest at the investigation stage. "The dilemma is that if this power is taken back it will benefit corrupt people enabling them to fly out of Pakistan during the investigation," he said, adding that Parliament should debate whether Chairman NAB should have the power to arrest at any stage.
Former Supreme Court Bar Association (SCBA) secretary Aftab Ahmed Bajwa defended Chairman NAB's power to arrest at any stage, saying that arrest is made only after there is concrete evidence against the accused.
"Instead of curtailing the powers, NAB should be strengthened to investigate high-profile corruption and white-collar crime cases," he said. An official of the Ministry of Law and Justice said that a draft amendment bill has been prepared to rectify anomalies in the NAB ordinance, and this would be presented in Parliament soon for debate. "The NAB ordinance will be amended in consultation with all political parties, but without compromising on the ongoing accountability process," he added.