THE ROLE OF SUPERIOR JUDICIARY IN THE ACCOUNTABILITY FRAMEWORK OF PAKISTAN

Abstract

In this paper, the author had analyze the anti corruption system of Pakistan, especially focusing on National Accountability Bureau (NAB), the more recent legislative changes and how the superior judiciary has contributed to the accountability and enabled judicial review. The landmark cases, in particular, the 2018 Panama Papers sentence, are examined, the Supreme Court disenfranchised Prime Minister Nawaz Sharif and told the NAB to probe the matter. It also review  Articles 184(3) and 199 of the Constitution which define the original jurisdiction of the Supreme Court and the writ jurisdiction of the High Courts in accountability issues. The issue of public perceptions and politicisation is addressed, an empirical study suggests that selective accountability, which is the case with the Panama case, leads to a decrease in the trust the NAB has in its neutral side. A poll indicates that there is strong support on reforms, with 78 per cent of middle level citizens supporting more openness in the anti graft agencies, and a significant number of citizens ready to blow the whistle as long as the whistle blowers are accorded security. The paper ends by suggesting institutional change geared towards strengthening transparency and judicial independence in the accountability regime in Pakistan.