ISLAMABAD: The Supreme Court has reinstated the amendments to the National Accountability Bureau (NAB) law, overturning the previous nullification of these changes. This decision came as the court approved the federal government’s intra-court appeal.
The verdict was delivered by a five-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, who overturned the earlier decision made by a three members bench with 2-1 that had invalidated the amendments.
The court ruled unanimously, with Chief Justice Isa presenting the judgment. The Supreme Court stated that Pakistan Tehreek-e-Insaf (PTI) Founder Imran Khan had not proven that the amendments to the NAB ordinance were unconstitutional, and said that constitutional institutions should respect each other’s roles.
“The chief justice and Supreme Court judges are not the gatekeepers of parliament,” the judgment noted.
Chief Justice Isa explained that the five-member bench, including Justices Athar Minallah and Hasan Azhar Rizvi, had reached a consensus to restore the amendments. He mentioned that Justices Minallah and Rizvi had also provided additional notes to the main ruling.
Justice Minallah restored the amendments in response to appeals from private suspects but noted that the federal government lacked standing to file an intra-court appeal, as only the aggrieved party has the right to do so.
Justice Rizvi indicated he would offer separate reasons for his support of the amendments’ restoration.
The Supreme Court emphasized that parliamentary legislation should not be nullified without substantial reason, though it acknowledged that legislation contrary to the Constitution could still be annulled. “If legislation is against the Constitution, the court can declare it null and void,” the ruling stated.
On June 6, the Supreme Court had reserved its verdict on the government’s intra-court appeals challenging the annulment of the NAB amendments. The case was heard by a larger five-member bench, led by CJP Isa, with proceedings conducted via video link.
During the hearing, judicial assistant Farooq H. Naik presented written submissions. When CJP Isa asked if Naik supported the decision, Naik confirmed his support for Justice Mansoor Ali Shah’s note.
Imran Khan’s lawyer, Khawaja Haris, argued that the NAB amendments violated fundamental rights, specifically citing infringements on Articles 9, 14, 25, and 24 of the Constitution. Khan, who appeared via video link, had previously stated that while the amendments might benefit him, the country’s financial crisis needed urgent attention. He also suggested that the Supreme Court should appoint the NAB chairman, noting that the bureau was beyond his control even during his tenure and referred to the judiciary as the “third umpire.”
Justice Athar Minallah questioned the justification for Khan’s desire to revoke the amendments and asked if Khan had considered his note on the NAB and the actions he had taken.
Khan expressed frustration, stating, “After what NAB did to me in just five days, its credibility is questionable.”
