SC annuls amendments to NAB laws, restores all corruption cases in landmark verdict
Pakistan
The apex court had reserved its verdict on Sept 5
ISLAMABAD (Dunya News) - The Supreme Court on Friday declared null and void amendments to the National Accountability Ordinance (NAO) 1999 laws and restored corruption cases against public office holders, which were abolished under the amended law.
A three-member bench of the apex court, headed by Chief Justice Umar Ata Bandial, announced the reserved verdict on PTI chief’s petition challenging the amendments to the law. It was the last day of CJP Bandial in office as he is retiring today.
The bench announced the verdict by 2-1 majority with third member of the bench, Justice Mansoor Ali Shah, writing a note of dissent.
The bench declared nine of 10 clauses of the NAB amendments null and void.
The apex court restored all NAB cases and inquiries, including those below Rs500 million. It also struck down the sections pertaining to the definition of unnamed (benami) and assets accumulated beyond means, as well as the section shifting the onus of proving a case onto the prosecution.
The provision to prevent NAB from taking action against government officers has also been declared void.
The apex court ordered the NAB to send all the cases to the courts concerned within seven days.
In June 2022, the PTI chief had moved court against amendments to the National Accountability Bureau (NAB) ordinance under the National Accountability (Second Amendment) Act 2022. CJP Bandial and Justice Ahsan declared the plea maintainable while Justice Shah disagreed.
The PTI chief had submitted that the amendments to the NAB law had been made to benefit the influential people and legitimise corruption.
Justice Shah had during recent hearings urged for a full court to hear the case, citing the frozen Supreme Court (Practice and Procedure) law. However, CJP Bandial had opposed it, noting that his retirement was near and the plea had already been pending for a considerable time - since at least July 19, 2022.
Verdict reserved
It may be recalled that the apex court had reserved its verdict on Sept 5. A three-judge special bench, led by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Mansoor Ali Shah, heard the plea.
The bench appeared to be visibly divided over the issue during 53 hearings on the former prime minister's petition.
Justice Shah consistently questioned the maintainability of the petition, whereas CJP Bandial and Justice Ahsan remained critical of some of the amendments made to the NAB law by the Pakistan Democratic Movement government.
The CJP was expected to announce the ruling in this case before his retirement, and the judgement “could have far-reaching implications on national politics.”
