SC Restores NAB Amendments; Reverses Earlier Decision

Islamabad-SC Restores NAB Amendments; Reverses Earlier Decision. The Supreme Court has reinstated the amendments made to the National Accountability Bureau (NAB) law, siding with the federal government’s appeal against the earlier decision that had nullified these changes.

In a ruling delivered by a five-judge panel led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the Court overturned the previous verdict of a two-judge bench that had declared the amendments invalid.

The unanimous decision, articulated by Chief Justice Isa, concluded that Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI), did not provide sufficient evidence to prove the amendments were unconstitutional. The Court emphasized that constitutional bodies should honor each other’s roles and responsibilities, stating that the Supreme Court and its judges are not tasked with policing parliamentary decisions.

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Chief Justice of Pakistan (CJP) Qazi Faez Isa stated that the five-member bench, which included Justice Athar Minallah and Justice Hasan Azhar Rizvi, reached a unified decision to reinstate the amendments to the NAB law. He noted that Justice Minallah and Justice Rizvi had written separate notes to accompany the main ruling.

Justice Minallah’s note focused on the appeals from private individuals, suggesting that the federal government lacked the standing to file an intra-court appeal, as only those directly affected have the right to do so.

Justice Rizvi indicated that he would provide his own reasons for supporting the restoration of the amendments.

The Supreme Court emphasized that parliamentary legislation should not be invalidated without substantial justification. However, this does not mean that legislation cannot be annulled if it is found to be unconstitutional. The Court affirmed that if legislation contradicts the Constitution, it can be declared null and void.

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On June 6, the Supreme Court had reserved its judgment on the federal government’s intra-court appeals challenging the invalidation of the amendments to the National Accountability Bureau (NAB) rules. The case was heard by a five-judge bench led by CJP Isa, with proceedings conducted via video link.

During the hearing, judicial assistant Farooq H. Naik submitted his written arguments. When CJP Isa asked if Naik supported the decision, Naik indicated his support for Justice Mansoor Ali Shah’s note.

Khawaja Haris, representing PTI Founder Imran Khan, argued before the court, stressing that the NAB amendments violated fundamental rights. Haris asserted that the amendments contravened Articles 9, 14, 25, and 24 of the Constitution.

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Former Prime Minister Imran Khan had claimed that the NAB amendments would benefit him, but he stressed that addressing the country’s economic crisis should be the priority. Appearing via video link, Khan suggested that the Supreme Court should appoint the NAB chairman, noting that the bureau was beyond his control even during his time in office. He also referred to the judiciary as the “third umpire.”

Justice Athar Minallah questioned the rationale behind Khan’s desire to overturn the amendments. He asked whether Khan had reviewed his note on the NAB and what actions he had taken in response.

Khan expressed his frustration by stating, “Given what NAB did to me in just five days, its credibility is in question.”

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