PTBP Web Desk
The Benami Adjudicating Authority (BAA)—a critical institution tasked with handling cases under Pakistan’s anti–Benami laws—is once again facing the risk of becoming non-functional, barely six months after its revival. The issue arises due to the upcoming retirement of its newly appointed chairperson, who will reach the age of 62 within half a year, rendering the authority leaderless once again.
The development highlights ongoing challenges in governance, institutional continuity, and human resource planning within Pakistan’s regulatory framework, particularly concerning organizations responsible for investigating and adjudicating financial crimes like Benami transactions and money laundering.
According to an official notification, the federal government recently appointed a chairperson and two members to the Benami Adjudicating Authority in Islamabad. Their tenures were set for three years or until they attain the age of 62 years—whichever comes earlier.
However, it has now emerged that the newly appointed chairperson will turn 62 in just six months, one member in one year, and the third member in one and a half years. This effectively means that the authority cannot continue functioning for the full three-year period as originally intended.
Experts have pointed out that this oversight undermines the very purpose of the appointments. While the government announced the positions as part of its broader reform efforts to strengthen the anti–Benami regime, it failed to ensure that the officials selected could serve a full, uninterrupted term.
This is not the first time that the Benami Adjudicating Authority has faced operational disruption. The authority has been dysfunctional since 2022, with dozens of high-value Benami property and asset cases pending adjudication. The latest appointments were supposed to revive its functioning and accelerate long-delayed proceedings.
However, with the chairperson nearing mandatory retirement, the authority faces another administrative deadlock. Once the chairperson retires, the Benami Authority cannot legally proceed with hearings or issue adjudication orders, effectively suspending all ongoing cases.
A senior tax official familiar with the matter remarked that the lack of long-term planning has repeatedly paralyzed the institution. “It is essential to appoint officials who can serve their full term to ensure continuity and efficiency in handling Benami cases,” the official said.
The decision to appoint senior officials nearing the retirement age has raised eyebrows among policymakers and legal experts. Observers note that such short-sighted decisions weaken Pakistan’s accountability institutions, particularly those dealing with financial crimes, tax evasion, and illegal asset ownership.
The Benami Transactions (Prohibition) Act, 2017, empowers the Benami Adjudicating Authority to determine ownership disputes and confiscate properties held under false names. However, without a functioning adjudication body, enforcement under the Act remains largely symbolic.
Interestingly, while the government emphasized the importance of reviving the authority, it appears not to have conducted a detailed vetting process to ensure that the appointed officials could serve for the full duration of their terms.
Analysts suggest that the Federal Board of Revenue (FBR) and the Finance Ministry must coordinate better in selecting qualified officials who can sustain the institution’s work for at least three years without interruptions caused by retirement or administrative reshuffling.
Even when functional, the Benami Adjudicating Authority faces another major obstacle: the absence of Special Benami Courts. After the authority decides a case, appeals are forwarded to the Appellate Tribunal Inland Revenue, which already faces a heavy backlog of tax-related disputes.
Currently, no specialized Benami tribunals exist to hear appeals, resulting in severe delays in the final resolution of cases. Legal experts argue that this gap undermines the spirit of the Benami law, which was designed to speed up confiscations and ensure transparent property ownership.
A senior legal analyst said, “Without establishing special courts, even an active adjudicating authority cannot ensure timely justice. The entire process will continue to suffer from bureaucratic stagnation.”
The federal government, therefore, faces a dual challenge: ensuring continuity of leadership within the Benami Authority and creating dedicated Benami courts to handle appeals efficiently.
The Benami regime is part of Pakistan’s broader effort to combat illicit financial flows, money laundering, and tax evasion—key concerns raised by the Financial Action Task Force (FATF) in recent years. Strengthening the Benami Adjudicating Authority is crucial to demonstrating compliance with international transparency standards and improving Pakistan’s global financial reputation.
However, frequent disruptions in the authority’s functioning send a negative signal to international observers and domestic investors alike. The inability to enforce anti–Benami laws effectively can undermine public trust and deter genuine investment by fostering a perception of weak governance.
Experts recommend that the federal government adopt a merit-based and future-oriented appointment policy for regulatory institutions like the Benami Adjudicating Authority. Officials below the age threshold should be selected to ensure stability.
Additionally, the establishment of special Benami courts should be prioritized through immediate legislation. These courts would significantly reduce delays and enhance the enforcement capacity of the Benami Transactions (Prohibition) Act.
Without these reforms, the Benami Authority risks falling into another cycle of dysfunction, further delaying justice and weakening Pakistan’s anti–corruption framework.
