ISLAMABAD (Dunya News) -The Supreme Court of Pakistan has set aside the conviction awarded to former federal minister Anwar Saifullah Khan in 2000, accepting his review petition and restoring his acquittal.
In a written verdict issued by Justice Salahuddin Panhwar, the court ruled that no individual can be subjected to a harsher punishment under a law applied retrospectively.
The court also restored the Lahore High Court’s June 13, 2002 acquittal judgment in favour of Anwar Saifullah Khan.
According to the ruling, Article 12 of Pakistan’s Constitution places a complete restriction on retrospective punishment, preventing authorities from imposing penalties under laws introduced after the alleged offence.
The judgment stated that the punishment prescribed under the National Accountability Bureau (NAB) Ordinance 1999 was more severe than the penalties available under previous laws at the time, making its application to past cases unconstitutional.
Saifullah was originally convicted in 2000 by an accountability court under the National Accountability Ordinance (NAO) 1999 for allegedly abusing authority by facilitating temporary appointments at the Oil and Gas Development Company (OGDCL) through relaxation of rules.
However, the Lahore High Court acquitted him in 2002 after a full reassessment of evidence. That acquittal was later overturned by the Supreme Court in 2016, resulting in a one-year prison sentence and fine.
In its latest ruling, the court noted that the power of review under Article 188 of the Constitution is limited and can only be exercised where there is a clear, material error affecting the outcome of the case.
Justice Panhwar observed that interference is justified only where there is a clear misreading or non-reading of evidence, or where no reasonable person could have reached the conclusions drawn in the earlier judgment.
The verdict further pointed out legal inconsistencies in the 2016 decision, noting that the conviction was upheld under provisions of the NAO 1999 even though the alleged misconduct took place in 1996, before the ordinance came into effect.
The Supreme Court therefore allowed the review petition, set aside the 2016 majority judgment, and reinstated the Lahore High Court’s June 13, 2002 acquittal.