The Supreme Court has restored the amendments to the National Accountability Bureau (NAB) law, approving the federal government's intra-court appeal against the nullification of the amendments.
The verdict, delivered by a five-member bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, overturns the prior decision of a two-member bench that had invalidated the amendments.
The court ruled unanimously, with chief justice Isa delivering the verdict. The Supreme Court stated that Pakistan Tehreek-e-Insaf (PTI) Founder Imran Khan failed to prove that the amendments to the NAB ordinance were unconstitutional, declaring that constitutional institutions should respect each other's mandates.
"The chief justice and Supreme Court judges are not the gatekeepers of parliament," the judgement noted.
Also Read: Govt challenges SC decision nullifying NAB law amendments
The CJP also said that the five-member bench, which also included Justice Athar Minallah, Justice Hasan Azhar Rizvi, Justice Aminuddin Khan and Justice Jamal Khan Mandokhail, delivered a consensus decision to restore the amendments. He said Justice Minallah and Justice Rizvi had penned additional notes to the main ruling.
According to the judgement, Justice Minallah restored the amendments on the appeals of private suspects, while also noting that the federal government had no standing to file an intra-court appeal, as only the aggrieved party has the right to do so.
Justice Rizvi said he would provide separate reasons for supporting the restoration of the amendments.
The Supreme Court noted that legislation of parliament should not be declared null and void without a reason, which also did not mean that the legislation should not be annulled even if it is against the Constitution. "If a legislation is against the Constitution, the court can declare it null and void," the SC declared.
Also Read: SC reserves verdict on govt’s appeals against NAB amendments
On June 6, the Supreme Court had reserved its verdict on the government’s intra-court appeals challenging the annulment of the amendments to the National Accountability Bureau (NAB) rules. A five-member larger bench, headed by CJP Isa, had heard the case, with proceedings conducted via video link.
During the hearing, judicial assistant Farooq H Naik presented his written submissions. CJP Isa inquired if Naik supported the decision, to which Naik mentioned supporting Justice Mansoor Ali Shah's note.
PTI Founder Imran Khan’s lawyer Khawaja Haris addressed the court, highlighting the violation of fundamental rights in the main case. Lawyer Khawaja Haris emphasized that the NAB amendments infringed upon articles 9, 14, 25, and 24 of the Constitution.
Also Read: SC declares Imran Khan's plea against NAB amendments 'admissible'
Former prime minister Imran Khan had stated that the NAB amendments would make things easier for him, but emphasized that the country's bankruptcy must be addressed. Khan, who appeared via video link, suggested that the Supreme Court appoint the NAB chairman, citing that the bureau was not under his control even during his tenure. He also referred to the judiciary as the "third umpire".
Justice Athar Minallah had pointed out that there seemed to be no justification for Imran Khan to want to revoke the amendments. He asked whether Khan had considered his note regarding the NAB and what steps he had taken.
The PTI founder expressed frustration, stating, "After what NAB did to me in just five days, its credibility is questionable."
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