The New Nation - Internet Edition

Speculations about the composition of the proposed Truth and Accountability Commission giving an impression that it would have members from retired civil and military officers and that an Ordinance seeking to establish the same awaits approval of the Council of Advisers appeared in the press yesterday.

Officials are reported to have said that the draft Ordinance, called the Voluntary Disclosure Ordinance 2008, might be placed at the next meeting of the Council of Advisers for approval.

Objectives of the proposed Commission are to promote voluntary disclosure of corrupt practices for a lenient dealing in a spirit of encouragement for expeditious disposal of such matters and to lessen the burden of prosecuting offences.

The Commission would deal with a person who would submit application to it for making voluntary disclosure seeking leniency in respect of a case ponding for trial. It would also have power to deal with any person found to be involved in corrupt practice on the basis of such voluntary disclosure as made before it, provided such person being notified of such disclosure also expresses his willingness in writing to make a voluntary disclosure.

The Commission will also deal with a person referred to it by the National Coordination Committee when it has reasons to believe that such person has been a party to a corrupt practice or has the reputation in society of being corrupt and such person has expressed his willingness in writing to make a voluntary disclosure. A person may also be referred to the Commission by a competent court if the person at the time of framing charge makes an application to the court expressing his willingness to make a voluntary disclosure.

What should be kept in mind is that for legitimacy such proceedings have to follow the well recognised legal principle of plea bargain.

While these news items give the people an impression about the shape and the mode of operation of the said commission, precaution is needed to be exercised before setting it up. The Truth and Accountability Commission should not be made a frightening body which the people would not dare appear before. It should be such an institution where people would feel at ease to relieve themselves of the other option of serving jail terms.

The whole process should be based on voluntary admission and the persons accused should feel welcome. Because the government is also saved from expenses of long-drawn trials, appeals, etc.

The people concerned should thus feel at ease while coming to the commission, not frightened to cross a hurdle. And there should be no scope of dilly dallying at the commission level where one-stop service should be available to applicants.