Bandial opens floodgates of nab cases against big guns

SC annuls amendments to NAB laws, restores all corruption cases in landmark verdict,

Rana Sanaullah criticizes SC’s contentious verdict on NAB amendments,

Islamabad_After the Supreme Court’s landmark verdict in the NAB laws’ amendment case, the cases of several big guns including former president Asif Ali Zardari and former prime ministers Nawaz Sharif and Yousuf Raza Gilani have been restored.

The Toshakhana cases of Nawaz Sharif, Shehbaz Sharif, Asif Zardari and Yusuf Raza Gilani, and the Pink Residency reference against Zardari stand restored.

Former PM Shahid Khaqan Abbasi’s LNG case may be transferred from the Special Judge Central to the accountability court.

Similarly, the reference against former finance minister Shaukat Tareen also has been reinstated.

The Kidney Hill reference against Saleem Mandviwala and the assets beyond means reference against Ishaq Dar will also be transferred back to the accountability court.

The NAB reference against Murad Ali Shah will be transferred back to the accountability court. Rental power cases against former PM Raja Pervez Ashraf will also be re-energised.

Several cases have also been restored in the accountability courts of Lahore including Ramzan Sugar Mills reference against Shehbaz Sharif and Hamza Shahbaz, the Paragon Housing reference against Khwaja Saad Rafiq and Khwaja Salman Rafiq.

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.

While.

PMLN leader Rana Sanaullah has accused the controversial bench of the Supreme Court of Pakistan (SCP) of delivering a contentious verdict regarding NAB amendments. He expressed his concern that the NAB law has been reinstated in a more severe form.
During a news conference held in Lahore, Rana Sanaullah elaborated on his views, suggesting that the PTI chairman and his party would soon grapple with the implications of the NAB law. He further remarked that the former disgraced chief justice had harmed the judiciary as an institution.
Regarding the Supreme Court’s decision on NAB amendments, the PMLN leader highlighted that a contentious bench had issued the verdict, emphasizing that Nawaz Sharif’s legal team had thoroughly reviewed all aspects of the matter.
On Friday, the Supreme Court of Pakistan (SC) finally issued its long-awaited verdict on the petition submitted by the Chief of Pakistan Tehreek-e-Insaf (PTI), suspending the amendments made to the National Accountability Ordinance.
In its judgment, the court underscored the significance of the National Accountability Bureau (NAB) clause related to the Service of Pakistan, thus partially deeming the plea presented by the PTI Chairman admissible.