Topic: The Effectiveness of Anti-Corruption Laws and Their

Enforcement in Pakistan: An Analysis of the Challenges and

Opportunities for Improvement

BALLB (5-Year Program)

(Session 2018-23)
Submitted By: Submitted To:
Rizwan Mughal (70080740) Ms Sundus Rauf
Ahmed Tariq (70080588)
Muhammad Danish Khan (70080522)
Mirza Sammar Hayyat (70080462)
Asad Ali (70080996)
Abaid Ullah (70080620)

College of Law
The University of Lahore
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 DECLARATION OF ORIGINALITY

We, all the undersign, do hereby solemnly affirm and declare that this project
a) is our original work, except where otherwise acknowledged in the text
b) has not been published earlier and shall not be submitted by our in future for obtaining
any other degree from this or other university or institution
c) has been incorporated according to HEC Plagiarism Policy
d) In case of violation of HEC Plagiarism Policy, we shall be liable to any action under the
plagiarism rules of HEC.

Name & Registration #: Signature of Student:

Rizwan Mughal (70080740) ---------------------------

Ahmed Tariq (70080588) ---------------------------

Muhammad Danish Khan (70080522) ---------------------------

Mirza Sammar Hayyat (70080462) ---------------------------

Asad Ali (70080996) ---------------------------

Abaid Ullah (70080620) ---------------------------

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 DEDICATION

This work is humbly dedicated to the most valuable treasures in our life.

My Beloved Parents

Who kept on standing by us all the time during our struggle, supported us by all means and

prayed for our success day and night.

------------------------------------------------------------------------------------------------------

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 Acknowledgment
First and foremost, all admires and profound thanks are only for Allah Almighty

(the originator), who facilitated and guided us throughout the faces of our study. Wonder is

to Allah who has given us the power, endurance and knowledge to carry on and come to an

end of this voyage and proceed fruitfully.

We are also thankful to Allah Almighty for being the followers of the Last Prophet

Muhammad (May peace be upon him). It is all because of his teachings and preaching that

enabled us to differentiate between the right and the wrong, to know about our rights and

duties and to fight for the justice and humanity.

Secondly, we would like to say our sincere appreciation and humble thanks to our

supervisor, Ms Sundus Rauf, for her brilliant guidance, support, concern, patience,

encouragement, inspiration, precious advices and support throughout this research that

have resulted in our achievement in the form of this thesis.

Here, we can never forget to pay our humble thanks and salutes to all our teachers of

school, college and university who have their true contribution in making us what we are

today.

This thesis would never have seen the glory of sun without the prayers of our respected parents
and support of our siblings and friends.

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 Abstract:
Corruption is a pervasive problem in many countries, including Pakistan, and has far-reaching
negative consequences for society, the economy, and governance. This thesis aims to examine
the effectiveness of anti-corruption laws and their enforcement in Pakistan, and to identify the
challenges and opportunities for improvement in this area.

To achieve this objective, the thesis employs a qualitative data analysis. The study draws on
secondary sources, and statistical data on corruption and law enforcement in Pakistan.

The findings reveal that despite the existence of comprehensive anti-corruption laws in Pakistan,
their implementation and enforcement remain weak and ineffective. The reasons for this include
institutional weaknesses, lack of political will, and inadequate resources and capacity of law
enforcement agencies.

The study also identifies several opportunities for improving the effectiveness of anti-corruption
laws and their enforcement in Pakistan. These include strengthening the independence and
accountability of anti-corruption agencies, enhancing coordination and cooperation among
relevant stakeholders, increasing public awareness and engagement, and improving the legal and
regulatory framework for anti-corruption efforts.

Overall, the thesis concludes that anti-corruption efforts in Pakistan face significant challenges,
but also hold great potential for improvement. Addressing these challenges and leveraging these
opportunities will require sustained commitment and action by all stakeholders, including
government, civil society, and the public at large.

Keywords: corruption, anti-corruption laws, law enforcement, Pakistan, challenges,

opportunities, improvement.

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 TABLE OF CONTENTS
DECLARATION OF ORIGINALITY........................................................................................................................... 2
DEDICATION....................................................................................................................................................... 3
ACKNOWLEDGMENT........................................................................................................................................... 4
ABSTRACT:.......................................................................................................................................................... 5
CHAPTER #1........................................................................................................................................................ 7
RESEARCH PROBLEM.................................................................................................................................................... 8
1.1 Introduction..................................................................................................................................................8
1.4 Literature Review.........................................................................................................................................9
1.5 Research objectives....................................................................................................................................10
1.6 Research questions.....................................................................................................................................11
1.7 Research Methodology...............................................................................................................................12
Research design and approach......................................................................................................................................12
Data collection............................................................................................................................................................... 12
Data analysis.................................................................................................................................................................. 12
Ethical considerations....................................................................................................................................................12

1.8 Significance of Study...................................................................................................................................13

1.9 CHAPTERIZATION..................................................................................................................................................13
Chapter 1: Introduction to Research.............................................................................................................................13
Chapter 2: Corruption in Pakistan, Its Causes and Consequences................................................................................13
Chapter 3: Legal Framework to Counter Corruption and its effectiveness...................................................................14
Chapter 4: Role of Courts in Countering Corruption.....................................................................................................14
Chapter 5: Conclusion and Recommendations.............................................................................................................14

CHAPTER # 2..................................................................................................................................................... 15
2.0 Studying Corruption....................................................................................................................................15
2.1 Defining Corruption....................................................................................................................................15
2.3 Corruption in Pakistan, its causes and consequences.................................................................................16
2.4 Forms of Corruption...................................................................................................................................18
2.5 Causes of Corruption..................................................................................................................................20
2.5.1 Socio-economic factors and corruption...............................................................................................................20
2.5.2 Democracy and corruption...................................................................................................................................21
2.5.3 Economic freedom and corruption.......................................................................................................................22

2.6 IMPACTS OF CORRUPTION.........................................................................................................................24

2.7 Corruption trends in Pakistan over the past 10 years.................................................................................24

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CHAPTER 3........................................................................................................................................................ 26
3.1 Legal Framework........................................................................................................................................26
3.2The institutional anti-corruption framework...............................................................................................29
The National Anti-Corruption Bureau (NAB).................................................................................................................29
The Auditor General......................................................................................................................................................31
The Ombudsman...........................................................................................................................................................31

3.3 Prevention of Corruption............................................................................................................................32

CHAPTER 4........................................................................................................................................................ 33
ROLE OF COURTS IN COUNTERING CORRUPTION..............................................................................................................33
4.1 Role of Judiciary.........................................................................................................................................33
4.2 Judicial Independence in Pakistan..............................................................................................................33
4.3 Pakistan’s History of Legal Accountability of the Judiciary.........................................................................34
CHAPTER 5:....................................................................................................................................................... 37
CONCLUSION AND RECOMMENDATIONS.........................................................................................................................37
5.1 Possible Way Forward................................................................................................................................37
5.2 Conclusion..................................................................................................................................................38
5.3 Recommendations......................................................................................................................................39
BIBLIOGRAPHY.................................................................................................................................................. 42

Chapter #1

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 Research Problem

The Effectiveness of Anti-Corruption Laws and Their Enforcement in Pakistan: An

Analysis of the Challenges and Opportunities for Improvement

1.1 Introduction

Corruption is a pervasive problem that affects many countries, undermining economic growth,

social development, and political stability. In Pakistan, corruption has been a major challenge for

decades, with a significant impact on public trust in government, service delivery, and business

operations (Transparency International, 2021). Despite the enactment of comprehensive anti-

corruption laws and the establishment of institutions such as the National Accountability Bureau

(NAB), corruption remains a persistent and widespread problem in Pakistan (Khan A. M., 2019).

The lack of effective implementation and enforcement of anti-corruption laws in Pakistan has

been attributed to a variety of factors, including institutional weaknesses, limited resources and

capacity of law enforcement agencies, political interference, and insufficient public awareness

and engagement (Malik, 2020). Moreover, corruption in Pakistan has been linked to a range of

negative consequences, such as reduced foreign investment, increased poverty, and social

inequality (2017, 2017).

To address these challenges, it is important to understand the effectiveness of anti-corruption

laws and their enforcement in Pakistan, and to identify the opportunities and obstacles for

improving anti-corruption efforts. This research proposal aims to investigate the effectiveness of

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anti-corruption laws and their enforcement in Pakistan, analyze the challenges and opportunities

for improvement, and provide recommendations for enhancing anti-corruption efforts.

To answer these questions, this research proposal will adopt a qualitative data analysis. The

research will draw on secondary sources. The research will also examine the legal and regulatory

framework for anti-corruption efforts, as well as the institutional arrangements and mechanisms

for implementing and enforcing anti-corruption laws.

The findings of this research will contribute to the growing body of knowledge on corruption and

anti-corruption efforts in Pakistan, and provide insights for policymakers, civil society

organizations, and other stakeholders working to promote transparency, accountability, and good

governance. By identifying the challenges and opportunities for improving anti-corruption

efforts in Pakistan, this research proposal aims to contribute to the development of evidence-

based policies and strategies that can help to address this persistent problem.

1.4 Literature Review

Pakistan has established several laws to address corruption, including the Prevention of

Corruption Act 1947 (NA, 1947) and the Anti-Corruption Establishment Act 2019 (NA, 2019).

In addition, institutions such as the National Accountability Bureau (NAB) and the Federal

Investigation Agency (FIA) have been established to enforce these laws and investigate

corruption cases. However, the effectiveness of these measures is often limited by a lack of

political will, institutional capacity, and interference by powerful elites (Haque, 2020).

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Combating corruption in Pakistan is hindered by weak rule of law, inadequate resources for law

enforcement agencies, and a culture of impunity for the corrupt (Zaman, 2020). Despite these

challenges, there are opportunities for improvement. For instance, strengthening the

independence and effectiveness of anti-corruption institutions, increasing transparency and

accountability in public procurement and budgeting, and empowering civil society and media to

monitor and expose corruption are all potential avenues for improving anti-corruption efforts in

Pakistan.

Several studies have explored the effectiveness of anti-corruption laws and enforcement in

Pakistan. These studies highlight the need for stronger political will, institutional reform, and

civil society engagement. For example, (Jaffar, 2019) argues that the lack of political will and

institutional capacity are significant impediments to anti-corruption efforts in Pakistan. Similarly,

Haque and Farooq (2020) point to the need for institutional reforms and effective anti-corruption

policies to tackle the issue.

Overall, the literature suggests that although Pakistan has established anti-corruption laws and

institutions, the effectiveness of these measures is limited by various challenges. However, there

are opportunities for improvement through institutional reforms, increased transparency and

accountability, and empowering civil society to monitor and expose corruption.

1.5 Research objectives

 To collect data of public perceptions of corruption in Pakistan, including the extent and

nature of corruption in different sectors and regions.

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  To analyze the factors that contribute to corruption and undermine anti-corruption efforts

in Pakistan, including weak rule of law, inadequate resources for law enforcement

agencies, and a culture of impunity.

 To evaluate the effectiveness of anti-corruption laws and institutions in Pakistan,

including the National Accountability Bureau (NAB), the Federal Investigation Agency

(FIA), and the Prevention of Corruption Act 1947, and identify the gaps and challenges in

their implementation and enforcement.

 To identify opportunities for improving anti-corruption efforts in Pakistan, including

strengthening the independence and effectiveness of anti-corruption institutions,

increasing transparency and accountability in public procurement and budgeting, and

empowering civil society and media to monitor and expose corruption.

 To provide policy recommendations based on the findings of the study, aimed at

enhancing anti-corruption efforts in Pakistan.

1.6 Research questions

 What kind of corruption can be found in the Pakistani judicial system?

 What kind of causes are attributed to these kinds of corruption in the social-scientific

literature?

 What kind of policies and laws were enforced by Pakistani Govt. to counter corruption?

 What are the opportunities for improving counter corruption mechanism in Pakistan, and

what policy recommendations can be made based on the findings of the study?

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1.7 Research Methodology

Research design and approach

This study will use a qualitative research design and approach, involving a systematic review of

existing literature, policy documents, and reports related to anti-corruption laws and their

enforcement in Pakistan. The study will employ a desk-based research methodology to analyze

and synthesize the data, and develop policy recommendations.

Data collection

The study will rely on secondary data sources, including academic journals, books, policy

reports, and other relevant documents. The data will be collected using a systematic review

approach, which involves a comprehensive search and selection of relevant literature using

specific inclusion and exclusion criteria.

Data analysis

The data will be analyzed using a thematic analysis approach, which involves identifying and

organizing key themes and patterns in the data. The analysis will focus on identifying the

challenges and opportunities for improving anti-corruption efforts in Pakistan, and developing

policy recommendations based on the findings.

Ethical considerations

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As this study will only use secondary data sources, there are no direct ethical considerations.

However, care will be taken to ensure that all data sources are reliable and valid, and that proper

citation and referencing protocols are followed to ensure academic integrity.

1.8 Significance of Study

This study aims to investigate the effectiveness of anti-corruption laws and their enforcement in

Pakistan, analyze the challenges and opportunities for improvement, and provide

recommendations for enhancing anti-corruption efforts. By conducting a systematic review of

existing literature and policy documents, this study will contribute to the academic and policy

debates on anti-corruption efforts in Pakistan, and offer practical recommendations for

policymakers, civil society, and other stakeholders involved in anti-corruption efforts.

1.9 Chapterization

Chapter 1: Introduction to Research

In this chapter the research topic is briefly described with the problem statement and the research

methodology that is to be opted.

Chapter 2: Corruption in Pakistan, Its Causes and Consequences.

In this chapter We will answer research question 1, namely: What kind of corruption can be

found in the Pakistani judicial system? In this part of my thesis I will give a description about the

Pakistani judicial system. The next parts will deal with the level of corruption in Pakistan in

general and in the judicial system more specifically.

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Chapter 3: Legal Framework to Counter Corruption and its effectiveness.

In this Chapter we will discuss Laws enacted within Pakistan to counter Corruption.

Chapter 4: Role of Courts in Countering Corruption

In this chapter briefing about the role of Judiciary in Pakistan in their fight against corruption

Chapter 5: Conclusion and Recommendations

A short conclusion with recommendations on how to Eliminate corruption and what action is to

be taken against people who are involved in it.

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 Chapter # 2
Corruption in Pakistan, its causes and consequences.

2.0 Studying Corruption

Over the past few decades many studies of corruption have been carried. These studies have

mainly focused on specific characteristics such as: economic issues, legal issues, social

propositions, the impact on national development, and the relationship to policy making.

Theoretical considerations of corruption have emphasized econometric modelling, game theory,

and similar mathematical approaches. These approaches, to be analytically tractable, have

addressed only particular subsets of a systematically corrupt system (Dudley, 2000).

Corruption is one of the complex phenomena in social systems which should not merely be

related to economical aspects, but with many other social and anthropological aspects. In most

developing countries today, corruption is widespread and part of everyday life. Society has

learned to live with it, even considering it, fatalistically, as an integral part of their culture. Not

only are public or official decisions – for instance, on the award of government contracts or the

amount of tax due – bought and sold, but very often access to a public service or the exercise of a

right, such as obtaining civil documents, also has to be unofficially paid for (Andvig, 1991).

2.1 Defining Corruption

Corruption is conventionally understood and referred to as the private wealth-seeking behavior

of someone who represents the state and public authority. It is the misuse of public resources by

public officials, for private gains. The decisive role of the state is reflected in most definitions of

corruption, which will define corruption as a particular and perverted state-society relationship.

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The encyclopedic and working definition used by the (The world Bank, 1997) and others is that

corruption is the “abuse of public power for private benefit (or profit)”. Another widely used

description is that corruption is a transaction between private and public sector actors through

which collective goods are illegally converted into private (Heidenheimer, 1989).This point is

also emphasised by Rose-Ackerman, who says corruption exists at the interface of public and

private sectors (Rose-Ackerman, 1978).

2.3 Corruption in Pakistan, its causes and consequences.

According to the Corruption Perceptions Index (CPI) 2022, Pakistan is ranked 140th out of 180

countries, with a score of 27 out of 100 (Transparency International, 2022).This suggests that

corruption remains a serious problem in the country, despite the efforts of the government and

other stakeholders to address it.

Corruption is a major problem in Pakistan that has been affecting the country’s economy and

social development for decades. Institutional failure is one of the main causes of corruption in

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Pakistan. Corruption takes a variety of forms such as bribery, nepotism, patronage, theft of state

assets, evasion of taxes, diversion of revenue and electoral fraud (Khan, june 2012).

The genesis of corruption in Pakistan can be traced back to the mega events of 1940s to 1990s

and even the current decade. Serious attempts at accountability originating in mid-1990s have

not been successful due to lack of political will and institutional capacity (Jaffrelot, 2001).

The consequences of corruption are far-reaching. It severely impacts the life of citizens through

less returns on resource use and adds manifold to their cost of living (Jaffrelot, 2001).

A study conducted by Awan et al. attempted to identify the economic determinants of corruption

in Pakistan and investigate the impact of trade openness on corruption. The study empirically

inspected these impacts by using data for the period 1987–2017. The study found that trade

openness has a significant negative impact on corruption in Pakistan. (Awan, 2021).

Another study conducted by (Javed, 2019) investigated the impact of corruption on economic

growth in Pakistan. The study used time series data from 1985 to 2016 and found that corruption

has a significant negative impact on economic growth in Pakistan.

Despite the existence of various laws and institutions to combat corruption, such as the National

Accountability Bureau and the Federal Investigation Agency, corruption remains a significant

challenge in Pakistan due to a lack of implementation and enforcement of anti-corruption

measures, and a weak justice system (Transparency International, 2021)

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The Global Corruption Barometer Asia 2020, found that 56% of Pakistanis believe that

corruption has increased in the previous year, while 65% of respondents thought that the

government is doing a poor job of addressing corruption (Transparency International, 2020).

A report by the Sustainable Social Development Organization (SSDO) found that corruption is

prevalent in all sectors of the Pakistani society, including the judiciary, police, and public

services (SSDO, 2019).

2.4 Forms of Corruption

Research on corruption is vital to an understanding of the dynamics of corruption and the

development of an efficient anti-corruption strategy. An indirect approach to measuring

corruption (via its perception) exists and even though it remains open to criticism it is usually

assumed that perception of corruption is an approximate indicator of the real level of corruption

(Lambsdorff, 1999) . Such an indirect approach remains less valid for assessing corruption at any

particular point in time rather than for analyzing the dynamics of corruption over time.

As (Moreno, 2000) suggests, "Corruption has a cultural side, and most societies have a certain

degree of corruption permissiveness, with some of them being, more likely to justify corrupt

practices than others". The encyclopedic and working definition used by the (The world Bank,

1997), and others is that corruption is the abuse of public power for private benefit (or profit).

Incidental corruption is an aspect of life in more or less all societies, but it can be systematic in

many public institutions in developing countries, if not systemic in society as a whole, and it can

be both prevalent and planned (Riley, 1983)

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According to United Nations Office of Drug Control and Crime Prevention (UNODCCP, 2002),

consideration of the context or circumstances in which different forms of corruption tend to

occur is critical to the development of effective anti-corruption strategies. In fact, a key lesson

learned in recent years has been that simply criminalizing corruption and punishing offenders

does not work without some broader understanding of the economic, social, political and cultural

factors which contribute to corruption, and putting in place additional measures based on that

understanding.

Figure 2.11 depicts the various forms of corruption in a society in broad terms.

Figure 2.11: Forms of Corruption (UNODCCP, 2002)

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2.5 Causes of Corruption
We now turn to the question of why the incidence of corruption is more widespread and

persistent in some countries than in others. Numerous explanations have been suggested

for the various incidence of corruption in different countries. These explanations can be

classified into three broad categories: socio-economic, political and economic which are

discussed in the next sub-sections.

2.5.1 Socio-economic factors and corruption

In describing the various socio-economic factors that cause corruption across many countries,

several studies argue that economic development, education and income inequality are

particularly the main factors that affect certain levels of corrupt activities. There is a strong

correlation between economic development and corruption. Prevalent corruption should be

negatively linked to the level of the economic development of a country (Treisman, 2000).In

other words, rich countries are perceived to be less corrupt than poor nations.

Education also has an important effect on corruption. In poor countries with high levels of

illiteracy, many people have little understanding of governmental operation (Ackerman, 1999).

For such people, it is often also not clear as to what they should expect from a legitimate

government (Mehlkop, 2003).In such a situation, corruption is more likely because people

suppose that they ought to present gift as gratitude for favorable decisions (Sungsidh, 1994).

(Ahrend, 2002) investigates the relationship between corruption, human capital and the

monitoring capacities of the civil society. In a theoretical model the study finds that the impact of

education on corruption to depend on the capacities of the civil society to oversee government

officials. If those capacities are well developed, education decreases corruption, whereas it may

lead to higher corruption if the civil monitoring is low.

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Inequality of income distribution also considers as a possible determinant of corruption. High

income inequality may correspond to perceptions of unfair state operations and foster feelings of

injustice which could make the incidence of corruption more likely (Smelser, 1971).

2.5.2 Democracy and corruption

Political explanations of corruption mainly emphasize democratization and decentralization. The

degree of political freedom can have an important effect on the level of corruption because

political competition, theoretically, is supposed to provide checks against corruption (Ackerman,

1999). Greater transparency due to a free press and freedom of political associations might lead

to reduce corruption because the free press is able to expose graft and political associations are

able to take corrupt governments out of power (Rose-Ackerman, 1999; Shleifer and Vishny,

1993). In this context, Robinson (1998, p. 2) argues that the creation of democratic institutions

offer the potential for closer scrutiny of the actions of politicians and government officials by the

citizen, an independent media and elected representatives, which in turn reduces the level of

corruption.

The pluralist approach assumes that political initiatives centered on the creation of new

democratic institutions such as elected legislature, parliamentary committees and watchdog

bodies are central to the success of efforts to control corruption (Robinson, 1998 p. 9). Little

(1996) points out that the political reforms are thought to contribute towards an environment

which is more conducive to deter corruption because they can increase the responsiveness of

political elites to the will of the people. However, the opinion is divided. Rose-Ackerman (1999)

argues that elections increase the accountability of politicians, but it also produces new

incentives for corruption because political financing needs to increase with electoral competition.
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Other studies argue that corruption is on the increase as a direct result of democratization, since

democratic political systems provide incentives and opportunities for corrupt practices. Robinson

(2003, p. 2) notes that while political competition offers opportunities for political leaders to gain

legitimacy by taking action against corruption, it can also enable such elites to secure greater

access to existing rent seeking. Johnston (1996) suggests that democratic rights and processes do

not make a significant contribution to reduce corruption. In reality many new democratic nations

in Africa, Eastern Europe and Latin America are characterized by high and increasing levels of

corruption, and the democratic structures of these nations have proved to be markedly ineffective

in curbing the spread and tenacity of corrupt practices in developing countries (Harriss W, 1996).

2.5.3 Economic freedom and corruption

Liberal economists argue that it is the regulatory state with its elaborate system of permits and

licenses that spawns corruption. And different countries with different degrees of insertion of the

regulatory state in the economy give rise to varying amounts of corruption (Bardhan, 1997, p.

1330). However, the effects of economic freedom and corruption have been debated by

economists and political scientists for many years. Leff (1964) and Huntington (1968) argue that

in a non-market situation bribes sometimes can partially restore the price mechanism and

improve allocative efficiency. Lui (1996, p. 26) argues that corruption cannot exist if the

resource allocation system is perfectly competitive. He further points out that when an official

has the authority to allocate a public good below the market equilibrium price, then it creates a

possibility of rent seeking and the official may take the opportunity to accept bribes. On the other

hand, if price of the good is already at the equilibrium level, corruption will not take place. Thus,

deviation from the competitive market caused by government intervention is a major cause of

corruption. In this context, Bliss and Di Tella (1997) note that bribes cannot occur in markets in

22
which perfect competition prevails because there are no excess profits in perfect competition

from which to pay the bribes.

According to Fijnaut and Huberts, when investigating the causes of corruption, it is important to

take into account a combination of social, economic, political and individual causal aspects.

(Huberts, May 2001).

While talking about corruption the content of social norms and values, the commitments of civil

servants and politicians are important factors in the explanation of corruption in higher and lower

income countries. The economic development of a country is an important factor because low

income, poverty and corruption are interrelated. Given a circumstance with a poor salary in the

public service can be disastrous for a country for the keeping of ethical norms (Huberts, May

2001)

According to Fijnaut and Huberts there is no central cause of corruption. This phenomenon has

to be acknowledged as one which has different factors as causes. The variables of a questionnaire

made by the two specialists among civil servants made on the issue of corruption in public

offices are the followings: Financial aspects which can evolve in the form of specific financial

problems or in the situation of public offices, prosecutors and judges, who try to gain as much

money as possible.

Furthermore, the cause for corruption in institutions according to Fijnaut and Huberts (Cyrille

Fijnaut, 2002)is the lack of administrative and professional supervision. The insufficient check is

the biggest problem. This problem is an issue for all groups of authorities. Only the penal

authorities assign a higher ranking to certain other factors related to the civil service culture.

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The last cause of corruption is the lack of sensitization to indicators of corruption. This cause is

the most relevant in the case of the criminal investigation departments and the penal authorities.

The public prosecutors and the judges consider this problem less significant. (Fijnaut & Huberts ,

2002 p.87)

It is clear that corruption is first reflected in the society as whole and then in the sphere of the

individual and on top of that, the factors of the institutional level. The corruption in the

management of an institution is due to the lack of “internal checks “. Internal checks in this

respect refer to the public officer and not the authority (Fijnaut & Huberts, 2002)p.88.

2.6 IMPACTS OF CORRUPTION

According to (Elliot, June 1, 1997): - “Bribery often undermines political legitimacy, squanders

government revenues, and distorts international trade and investment flows. Where it is

pervasive, corruption can deter investment, thereby lowering growth,” and is “detrimental to

economic and political development.”

2.7 Corruption trends in Pakistan over the past 10 years

Most governance indicators show an unchanging situation in Pakistan, with corruption perceived

as widespread, systemic and deeply entrenched at all levels of society and government.

According to the Corruption Perceptions Index (CPI) 2022, Pakistan is ranked 140th out of 180

countries, with a score of 27 out of 100 (Transparency International, 2022) . This suggests that

24
corruption remains a serious problem in the country, despite the efforts of the government and

other stakeholders to address it.

Corruption Rank in Pakistan averaged 112.30 from 1995 until 2022, reaching an all-time high of

144.00 in 2005 and a record low of 39.00 in 1995 (Trading Economics, 2022)

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 Chapter 3
Legal Framework to Counter Corruption and its effectiveness

3.1 Legal Framework

Pakistan has recognized the detrimental impact of corruption on its society, economy, and

governance, and has implemented various legal measures to counter it. Here are some key

aspects of the legal framework in Pakistan (Bakhsh, 2020):

 Legislation: Pakistan has enacted several laws to address corruption, including the

Prevention of Corruption Act, 1947, and the National Accountability Ordinance (NAO)

of 1999. The NAO established the National Accountability Bureau (NAB) as an

independent anti-corruption body responsible for investigating and prosecuting

corruption cases.

 Anti-Corruption Agencies: The National Accountability Bureau (NAB) is the primary

anti-corruption agency in Pakistan. It operates at the federal and provincial levels and is

tasked with investigating and prosecuting corruption cases involving public officials,

politicians, and private individuals. The NAB has the authority to conduct inquiries,

arrest suspects, and file references (charge sheets) against individuals involved in

corruption.

 Asset Recovery: Pakistan has taken steps to recover assets acquired through corruption

and money laundering. The Anti-Money Laundering Act, 2010, and the Anti-Money

26
 Laundering (AML) Rules, 2015, outline measures to identify and confiscate assets linked

to corruption and money laundering.

 International Cooperation: Pakistan has signed various international conventions and

agreements to enhance cooperation in the fight against corruption. These include the

United Nations Convention against Corruption (UNCAC) and regional initiatives such as

the South Asian Association for Regional Cooperation (SAARC) Anti-Corruption

Conventions.

 Public Procurement Reforms: Recognizing that corruption often occurs in public

procurement processes, Pakistan has taken steps to reform procurement practices. The

Public Procurement Regulatory Authority (PPRA) oversees public procurement

procedures and promotes transparency, competition, and accountability. The PPRA

establishes guidelines and regulations for procurement, including pre-qualification of

bidders, tender evaluation, and contract awarding processes.

 Judicial Reforms: To enhance the effectiveness of the legal system in combating

corruption, Pakistan has implemented judicial reforms. These reforms include the

establishment of special anti-corruption courts to expedite corruption cases and ensure

their fair and impartial adjudication. The Supreme Court of Pakistan has also been

proactive in taking up corruption cases and directing investigations, furthering the

accountability process.

 International Cooperation: Pakistan actively participates in international initiatives and

organizations focused on combating corruption. It is a signatory to the United Nations

Convention against Corruption (UNCAC), which provides a comprehensive framework

for preventing corruption, promoting international cooperation, and recovering assets.

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 Pakistan has also engaged with regional organizations such as SAARC Anti-Corruption

Conventions to foster cooperation among South Asian countries.

 Asset Recovery and Anti-Bribery Efforts: Pakistan has taken steps to recover assets

acquired through corruption and bribery. It has established specialized units, such as the

Asset Recovery Unit (ARU), to trace, seize, and confiscate the proceeds of corruption.

The ARU collaborates with international organizations and foreign jurisdictions to track

and repatriate illicitly acquired assets.

 Corporate Liability: Pakistan has introduced corporate liability provisions to hold

corporations accountable for acts of corruption. The Corporate Rehabilitation Ordinance,

2018, allows for the rehabilitation of corrupt entities, while the Companies Act, 2017,

imposes obligations on companies to maintain adequate systems for preventing

corruption, bribery, and money laundering.

 Anti-Money Laundering Framework: The Anti-Money Laundering Act, 2010, establishes

provisions for identifying and preventing money laundering, which often accompanies

corruption. It sets requirements for reporting suspicious transactions and conducting due

diligence on customers. The Act also provides for the establishment of the Financial

Monitoring Unit (FMU) as the central agency responsible for receiving, analyzing, and

disseminating financial intelligence to combat money laundering and terrorist financing.

 Capacity Building: To enhance the effectiveness of the legal framework, efforts are made

to strengthen institutional capacity and improve the skills of anti-corruption agencies, law

enforcement agencies, and the judiciary. Capacity-building programs and training

initiatives are conducted to enhance investigative techniques, prosecution skills, and

overall efficiency in tackling corruption cases.

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3.2The institutional anti-corruption framework

The National Anti-Corruption Bureau (NAB)

Pakistan's main anti-corruption body is the NAB, which has preventive, enforcement and public

awareness functions. Its mandate is to investigate and prosecute corruption cases and it publishes

annual reports on its progress. However, it is important to note that the judiciary and active

military personnel are not subject to the NAB‘s oversight.

Although it is formally independent, the NAB has always been strongly influenced by the

military. Traditionally its chairman has been appointed by the President from among senior

military officials. The current chairman of the NAB, Mr Nawid Ahsan is not a ranking member

of the military. The NAB is widely perceived to target politicians and civil servants from

preceding civilian governments, discrediting political opponents and junior government officials.

Judges and military officers as well as political allies of the government have been virtually

immune from any investigations or being held accountable for their actions. (Chêne, 2008)

The politicized performance of the NAB

The NAB’s accountability process includes four stages. The NAB first receives a complaint or

itself initiates an inquiry into an alleged act of corruption (inquiry stage). If a person under

inquiry voluntarily comes forward and agrees to return the stolen amount, the NAB may enter

into a settlement called “voluntary return.” Voluntary return neither results in conviction or

penalty nor requires any approval from a trial court. If the NAB fails to get a defendant to agree

to such a settlement, the NAB may either close the case or open a formal investigation

(investigation stage). This is the second stage of the accountability process, where a defendant

29
may enter into a settlement called “plea bargain,” different from voluntary return in two respects.

First, it results in conviction for a public office holder. Second, it requires a court’s approval. If a

defendant and the NAB fail to enter into a plea bargain, the NAB brings the case before a trial

court (trial stage). At this third stage, the defendant may still enter into a plea agreement until the

court reaches the final verdict. At the last stage, an accountability court tries the case, but the

defendant has the right to appeal against the decision in a higher court. (Ali, 2021)

Table 3.21: Overview of the activities of the NAB under various governments

Source: Author’s calculation based on data available on the NAB official website

(http://www.nab.gov.pk/news_events.asp).

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The Auditor General

Rumors of collusion between auditors and civil servants have long tarnished the reputation of the

Office of the Auditor General (AG). After 2002, the offices of AG and Accountant General were

separated to address corruption in both departments and to strengthen and concentrate financial

audit functions. Since then, the AG has published its annual report on its website. (Please see:

http://www.agp.gov.pk/).

The Public Account Committee of the National Assembly supports the auditing of the use of

government funds. However, a report (Global Integrity, 2006) has argued that the appointment of

the head of the agency is done by the government and has not been exempt from political

interference

The Ombudsman

The concept of Wafaqui Mohtasib is an ancient Islamic concept that was established in many

Islamic states to make sure that no wrong or injustice was done to citizens. In Pakistan, the office

of Wafaqi Mohtasib was established in 1983 by a presidential order. It is empowered to

investigate and award compensation to those who have suffered loss or damage as a result of

poor administration by a federal agency or official. The ombudsman is appointed by the

president for a period of four years. The Mohtasib has the authority to investigate the affairs of

all the offices of the federal government, except the Supreme Court, the Supreme Judicial

Council, the Federal Shariat Court and the High Courts. A Global Integrity report (Global

Integrity, 2006) asserts that the ombudsman has not been very effective and has been sometimes

subject to external pressure from the executive with regard to initiating investigations. There is

31
no known case of high level officials being investigated by the ombudsman in recent years.

(Chêne, 2008)

3.3 Prevention of Corruption

Theoretically, Pakistan has worked to prevent corruption and criminalized various types of

corruption in compliance with the criteria set under the United Nations Convention against

Corruption (UNCAC). The criminalization and law enforcement efforts have been made to

implement rules of the UNCAC relating bribery and trading in influence (UNCAC arts. 15, 16,

18 and 21). All types of active and passive bribery have been criminalized under National

Accountability Ordinance, and Pakistan Penal Code. It also criminalizes bribery of foreign

officials. The Pakistan Penal Code largely criminalizes the trading in influence.

“Whoever, being or expecting to be a public servant, accepts or obtains, agrees to accept, or

attempts to obtain from any person, for himself or for any other person, any gratification

whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do

any official act or for showing or forbearing to show, in the exercise of his official functions,

favor or disfavor to any person, or for rendering or attempting to render any service or

disservice to any person, with the Federal, or any Provincial Government or Legislature or with

any public servant, as such, shall be punished with imprisonment of either description for a term

which may extend to three years or with fine or with both”( PPC, Sec. 161).

32
 Chapter 4
Role of Courts in Countering Corruption

4.1 Role of Judiciary

The courts in Pakistan have played a significant role in countering corruption. The Supreme

Court of Pakistan has been instrumental in investigating and prosecuting corruption cases against

high-profile individuals. In 2012, the Supreme Court of Pakistan disqualified then-Prime

Minister Yousaf Raza Gillani from holding office for contempt of court after he refused to

reopen corruption cases against President Asif Ali Zardari. (BBC, 2023).

In 2018, the Supreme Court of Pakistan ordered the National Accountability Bureau (NAB) to

investigate corruption allegations against former Prime Minister Nawaz Sharif and his family

(DW, 2022). The NAB is an independent anti-corruption organization that investigates and

prosecutes corruption cases in Pakistan (Aljazeera, 2022).

4.2 Judicial Independence in Pakistan

The judges in Pakistan are granted legal immunity for their judicial actions under ordinary law,

while the services and privileges of judges of the superior judiciary are protected by

constitutional provisions. The Judicial Officers Protection Act of 1850 states that judges,

magistrates, justices of peace, collectors, and other individuals acting judicially cannot be sued in

any civil court for acts performed or ordered to be done in the discharge of their judicial duties,

regardless of the jurisdiction involved. (Shah, 2014)

Furthermore, the Pakistan Penal Code stipulates that judges are not liable for offenses committed

while acting judicially in the exercise of any power they believe, in good faith, to be given to

33
them by law (Section 77 of PPC). Section 135(1) of the Civil Procedure Code offers protection

to judges, magistrates, and other judicial officers from arrest under civil process while traveling

to, presiding over, or returning from their courts. (Shah, 2014)

The superior courts of Pakistan, under Article 204 of the constitution and the Contempt of Court

Act 1976, possess the authority to punish individuals for contempt of court in accordance with

the law. A person found guilty of contempt of court may face simple imprisonment for a duration

of up to six months, a fine, or both. However, if the accused tenders an unconditional apology at

any stage and the court is satisfied that it is genuine, they may be discharged or have their

sentence remitted (Section 4 of PPC).

The services of judges of the superior courts are safeguarded under Article 209(7) of the

constitution, which ensures that a judge of the Supreme Court or a High Court cannot be

removed from office except as provided by the article. (Shah, 2014)

4.3 Pakistan’s History of Legal Accountability of the Judiciary

The Supreme Judicial Council (SJC) is the constitutional body responsible for investigating and

adjudicating complaints against judges of the superior courts . Unfortunately, the SJC has not

been consistently utilized to ensure proper legal accountability of the judiciary. Throughout the

history of Pakistan's judiciary, spanning from 1947 to 2007, there have been only a few instances

of inquiries being conducted against judges of the superior courts (Hasan, 2007).

One notable case of inquiry occurred in 1951 when an inquiry was conducted against Justice

Hassan Ali Agha, a judge of the Sindh High Court. However, the allegations against him could

not be substantiated, and he was eventually exonerated (Safdar, 2012).

34
It is crucial to note that the limited number of inquiries conducted against judges in Pakistan does

not necessarily indicate a lack of accountability within the judiciary. It may be due to a variety of

reasons, including the rigorous process involved in initiating inquiries against judges and the

need for concrete evidence to establish wrongdoing (Ahmed, 2015).

However, there have been ongoing debates about the need for stronger and more effective

accountability mechanisms within the judiciary. Critics argue that a more robust and transparent

system should be in place to address complaints of misconduct or corruption against judges.

They highlight the importance of ensuring that judges are held accountable for their actions, as

this is crucial for maintaining public trust in the judicial system (Safdar, 2012)

The idea behind the creation of the Supreme Judicial Council was to strengthen the independence

of the judiciary, but the Supreme Judicial Council, somehow, stifles the independence of the

judiciary. It has become a vehicle in the hands of the Executive against an independent judge

whom it can undermine by threatening that his case would be sent to the council. (Shah, 2014).

4.4 Pakistan’s Judiciary Ranking

Pakistan’s overall rule of law score decreased by less than 1% in this year’s Index. It ranks 129th

out of 140 countries worldwide, rising two positions since last year. Regionally, Pakistan ranks

5th out of 6 countries in South Asia. The region’s top performer is Nepal (ranked 69th out of 140

globally), followed by Sri Lanka and India. The three countries with the lowest scores in the

region are Bangladesh, Pakistan, and Afghanistan (138th globally). (World Justice Project,

2022).

Pakistan’s WJP Rule of Law Index rankings

Overall score global rank: 129 / 140 Overall score regional rank: 5 / 6

35
Factor score rankings: (World Justice Project, 2022)

36
 Chapter 5:
Conclusion and Recommendations

5.1 Possible Way Forward

The current accountability process in Pakistan is focused primarily on financial corruption, but to

effectively combat systemic corruption, a comprehensive approach is needed. This requires the

promotion of a culture of responsibility and answerability, addressing the underlying systems

that enable corruption to thrive. To achieve this, the following steps can be taken:

Develop a Comprehensive National Accountability Policy: A clear, simple, comprehensive, and

rational policy should be formulated, based on the core concept of accountability that holds

everyone responsible and answerable for their actions. This policy should encompass not only

financial aspects but also political, personal, moral, procedural, and performance realms.

Ensure Political Will and Determination: Strong political will and determination are essential to

overcome resistance and reactions from different quarters. The commitment to accountability

should be unwavering, and the policy should be implemented without discrimination or

exceptions, covering all segments of society.

Establish an Independent and Autonomous Accountability Authority: A designated authority

should be created or revitalized to examine and prosecute corruption cases. This authority should

be fully independent, autonomous, and free from external influence. Its mandate, composition,

and jurisdiction should be reviewed and revised to ensure effective accountability.

Strengthen Whistleblower Protections: Whistleblower provisions and protections should be

enhanced to encourage individuals to responsibly report misuse of authority or acts of

37
wrongdoing. Effective mechanisms should be put in place to receive and investigate

whistleblower complaints, ensuring the safety and anonymity of those who come forward

Reform Parallel Accountability Forums: Existing parallel forums for accountability, such as

those for judiciary, armed forces, and bureaucracy, should continue to function but gradually

undergo reforms. The focus should be on streamlining these forums and ensuring their alignment

with the overall accountability framework.

Encourage Public Participation: Public participation is crucial in the fight against corruption.

Efforts should be made to engage the public, civil society organizations, and the media to create

awareness, promote transparency, and hold individuals and institutions accountable. Platforms

for public feedback and monitoring should be established.

Strengthen International Cooperation: Collaboration with international organizations and foreign

jurisdictions should be enhanced to address cross-border corruption issues, facilitate information

sharing, and support the recovery of assets acquired through corruption.

By implementing these steps, Pakistan can make significant progress in combatting corruption

and establishing a robust accountability system. It is important to emphasize that these measures

require sustained commitment, political support, and active involvement from all stakeholders to

achieve lasting change.

5.2 Conclusion

The conclusion highlights that the legal framework to counter corruption in Pakistan is a crucial

element in the fight against corruption. The country has implemented various legislations,

38
established anti-corruption agencies such as the National Accountability Bureau (NAB), and

engaged in international cooperation to combat corruption. However, it is emphasized that the

effectiveness of the legal framework depends on its implementation, enforcement, and

addressing inherent challenges.

The conclusion acknowledges that progress has been made, but it is also recognized that further

improvements are necessary to enhance the effectiveness of anti-corruption laws in Pakistan.

This requires a comprehensive approach involving the government, judiciary, civil society, and

citizens.

5.3 Recommendations
Strengthen the Capacity and Resources of Anti-Corruption Agencies: Provide adequate funding,

training, and technical support to anti-corruption agencies, such as the National Accountability

Bureau (NAB), to enhance their investigative and prosecutorial capabilities.

Enhance Judicial Independence and Efficiency: Minimize political interference in the judiciary

and establish specialized anti-corruption courts to expedite corruption cases. Allocate sufficient

resources and adopt measures to streamline court processes for timely and fair adjudication.

Improve Whistleblower Protection: Enhance legal protections and support mechanisms for

whistleblowers, including anonymous reporting mechanisms and safeguards against retaliation.

Raise public awareness about the importance of whistleblowing and create a safe environment

for reporting corruption.

Strengthen Public Awareness and Education: Launch awareness campaigns and educational

programs to educate the public about the negative impact of corruption and foster a culture of

39
integrity and accountability. Promote ethics and anti-corruption values in educational institutions

and public discourse.

Foster International Cooperation: Enhance collaboration with international organizations and

foreign jurisdictions in areas such as cross-border investigations, asset recovery, and information

sharing. Actively participate in initiatives such as the United Nations Convention against

Corruption (UNCAC) and regional anti-corruption forums.

Establish Effective Monitoring and Evaluation Mechanisms: Develop robust systems to monitor

and evaluate the implementation and impact of anti-corruption laws and measures. Regularly

assess progress, identify gaps, and make necessary adjustments to improve the effectiveness of

the legal framework.

Implement Institutional Reforms: Undertake comprehensive governance reforms to promote

transparency, accountability, and integrity in public administration. Strengthen procurement

processes, establish effective internal control mechanisms, and enhance the capacity of state-

owned enterprises to prevent corruption.

Demonstrate Strong Political Will and Leadership: Display unwavering commitment at all levels

of government to combat corruption. Enforce a zero-tolerance policy for corruption, lead by

example, and ensure that anti-corruption institutions operate independently and free from

political interference.

Encourage Citizen Participation and Oversight: Facilitate citizen engagement in anti-corruption

efforts by establishing mechanisms for public feedback, monitoring, and reporting of corruption

40
cases. Promote collaboration between civil society organizations, the media, and government

agencies to increase transparency and accountability.

Facilitate Asset Recovery and International Cooperation: Strengthen efforts to recover assets

acquired through corruption and facilitate international cooperation in tracing, freezing, and

repatriating illicitly acquired funds. Improve coordination between relevant agencies and

streamline legal processes to expedite asset recovery.

It is essential for Pakistan to prioritize the implementation of these recommendations to

strengthen the legal framework and effectively combat corruption. By addressing these areas,

Pakistan can make significant progress in reducing corruption levels, promoting good

governance, and fostering socio-economic development.

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