Unlawful NAB amendment
ISLAMABAD: The Supreme Court of Pakistan today declared unlawful the NAB Amendment Act 2023.
The outgoing chief justice of Pakistan Umar Ata Bandial announced the reserved verdict about the NAB Amendment Act case on Friday. Today is the last working day of the CJP in the Supreme Court as he is retiring tomorrow (Sept 16).
Supreme Court bench consisting of three members voted 2-1 in favor of PTI leader Imran Khan’s plea challenging modifications made to the nation’s accountability laws during the previous Pakistan Democratic Movement (PDM)-led government’s tenure.
The three-member bench, led by Chief Justice Umar Ata Bandial and comprising Justice Mansoor Ali Shah and Justice Ijazul Ahsan, concluded more than 50 hearings regarding Imran Khan’s petition against the amendments. The judgment, which had been reserved since September 5, was delivered today with a majority verdict.
In this ruling, the Supreme Court reinstated corruption cases against public officials that had been closed due to the amendments. Moreover, certain changes to the National Accountability Ordinance (NAO) of 1999 were invalidated by the apex court.
According to the decision, the majority opinion deemed the petition against NAB amendments admissible, leading to the revival of all previously closed investigations conducted by the anti-graft agency.
The Supreme Court’s directive instructed the reopening of all corruption cases involving amounts exceeding Rs 500 million that had been closed against politicians from various parties and public officials, while simultaneously declaring the amendments null and void.
The NAB amendments had not only reduced the NAB chairman and prosecutor general’s terms from four to three years but also excluded all regulatory bodies operating in the country from NAB’s jurisdiction. Additionally, the changes mandated a three-year term for accountability court judges and required them to resolve cases within a year.
In opposition to these amendments, Imran Khan sought redress in the Supreme Court, arguing that they violated the constitution. The petition contended that amendments to sections 2, 4, 5, 6, 25, and 26 of the NAB law were unconstitutional, as were the changes to sections 14, 15, 21, and 23. Furthermore, Khan asserted that the NAB law amendments contravened fundamental rights under Articles 9, 14, 19, 24, and 25. He requested that all these amendments to the NAB law be declared invalid.
A few days ago, the CJP Bandial said the three-member SC bench would deliver a “short but sweet” verdict in the case of PTI Chairman’s petition against the National Accountability (Amendment) Act, 2022.
The bench, led by CJP Bandial, heard Khan’s petition and reserved judgment on Tuesday. The CJP said the verdict would be announced later.
CJP Bandial, who is set to retire on Sept 16 and will be succeeded by Justice Qazi Faez Issa, remarked, “My retirement is near, and will give a decision before retirement.”
The additional attorney general apologized to the court for the AGP’s absence due to an important foreign visit.
During the hearing, PTI’s legal counsel, Khawaja Haris, presented his final arguments before the bench.
CJP Bandial noted that the National Accountability Bureau (NAB) had provided reasons for the references returned by the accountability body after amendments to the law until May.
He commented that the reasons for withdrawing the references suggested bias in the law, and individuals whose references had been returned were now on record.
CJP Bandial pointed out that amendments to section 23 of the NAB law were made in May and June, but references returned before May remained with NAB.
He questioned who would address these matters on behalf of NAB.
Khawaja Haris responded that many pending cases had been returned after the amendments.
CJP Bandial emphasized the need for action against corruption in state assets, smuggling, and illegal capital transfer, expressing disappointment that these crimes were not clearly defined in the law.
