ISLAMABAD: Council of Islamic Ideology (CII) has declared the NAB Ordinance, 2019 against Shariah law after reviewing the documents in its two-day meeting from January 7 to 8.
The council’s research committee found “numerous” sections of the ordinance un-Islamic, CII Chairman Qibla Ayaz told reporters on Thursday. In his opinion, the ordinance has made the existing NAB laws “more discriminatory”.
Ayaz said that the CII’s research committee found sections 14D, 15A and 26 contradictory to the Shariah laws.
Section 14-D says the burden of proof in a case falls upon the accused. The accused has to present evidence of their innocence.
According to Section 15-A, a convict is barred from holding any public office for ten years after their sentence ends.
Section 26 empowers the NAB chairman to grant pardon to an accused if he believes that the person is making a “full and true disclosure” of their knowledge relating to the offence, including the names of abettors or otherwise.
“According to these sections, the suspect is responsible for proving their innocence,” the CII chairman said. “However, Islamic jurisprudence says the accuser should present the evidence.”
Ayaz added that keeping a suspect in custody without a case being registered against them is un-Islamic. In his view, plea bargain deals are also against the Shariah law.
He added that handcuffing suspects and “ridiculing” them in the media is inhumane and strictly against Islamic laws.
Ayaz’s media briefing drew criticism from the government. Federal Minister Fawad Chaudhry took to Twitter to criticise the council, saying spending millions of rupees on the council is useless.
There’s a need to appoint “authentic scholars” in the CII, he wrote.
The CII chairman, however, believes that Chaudhry can’t prove that the council’s observations over the NAB ordinance were not in accordance with the Shariah laws.
Read more: Detailed reply dispatched to FATF on progress of 22 points
