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Govt’s appeal challenging NAB law amendments being heard in SC

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This is the first intra-court appeal filed after implementation of SC (Practice and Procedure) Act 2023.

  • Appeal filed under SC law’s Section 5 against apex court’s order.
  • Parliament was competent to legislate, govt contends.
  • PTI chief had challenged NAB amendments last year.

ISLAMABAD: A five-member bench of the Supreme Court Tuesday is hearing the federal government’s intra-court appeal against the National Accountability Bureau’s (NAB) law amendments verdict.

This is the first intra-court appeal filed following the implementation of the Supreme Court (Practice and Procedure) Act 2023. Chief Justice Qazi Faez Isa will be heading the bench, while Justice Amin-Ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Hasan Azhar Rizvi are also included in it.

It should be noted that Pakistan Tehreek-e-Insaf Chairman Imran Khan had challenged NAB amendments in 2022.

A three-member bench — headed by former chief justice Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Syed Mansoor Ali Shah — had conducted more than 50 hearings in the case, declaring the first and second NAB amendments in 2022 null and void on September 15 by a majority of 2-1.

The verdict restored the corruption cases against the public office-holders after striking down some of the amendments made by the Pakistan Democratic Movement (PDM) government to the National Accountability Ordinance (NAO) 1999, declaring it against the rights pertaining to the public interest enshrined in the Constitution.

Subsequently, the federal government filed an appeal under Section 5 of the SC law against the apex court’s order.

The top court also issued notices to lawyers.

The government had contended that by setting aside the law passed by parliament and making amendments to the NAB law, the apex court had crossed its powers.

It was further contended that parliament was competent to legislate adding that it had enacted a law making amendments to the NAB law.

“If a legislation is repugnant to the fundamental rights of citizens, then the court can set it aside,” it contended but added that the amendments made to the NAB law did not affect the fundamental rights of citizens.

After the verdict, the NAB reopened cases against political bigwigs including the former prime ministers.

Last year in June, Pakistan Tehreek-e-Insaf Chairman Imran Khan had filed a petition in the apex court under Article 184(3) of the Constitution praying for annulling the amendments for being “ultra vires to the Constitution”.

The amendments made to the NAB law were struck down by the court including the one which limited the NAB jurisdiction to cases involving over Rs500 million and one which allowed the accused to claim the amount of plea bargain deposited after being acquitted.

The judgment authored by former CJP Bandial declared the petition of Imran Khan as maintainable on account of violating Articles 9, 14, 24 (protection of property rights) and 25 (equality of citizens) of the Constitution and for affecting the public at large because the unlawful diversion of state resources from public development projects to private use leads to poverty, declining quality of life and injustice.

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PTI suggests resuming talks with government over judicial commission issue.

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Barrister Gohar, Chairman of the PTI, has claimed that the party’s founder has suspended negotiations, emphasizing that the government should declare the commission within seven days.

He emphasized the PTI’s openness to rethink if the government makes headway and establishes the commission.

Barrister Gohar told the reporters, “Seven days were enough to announce the commission.” We are ready to reconsider, but the government must first announce the commission.”

He stated that the PTI approached the negotiations with an open mind. “The PTI founder has halted the negotiations. “The government had eight laws on their agenda, while we only had two demands,” he stated.

The PTI chairman went on to say that even after seven days, no progress had been made in forming the commission. He encouraged the government to reconsider the decision and proceed with the announcement.

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PTI will declare February 8 to be “Black Day,” sparking protests across the country.

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According to reports, the Pakistan Tehreek-e-Insaf (PTI) intends to hold rallies nationwide on Wednesday in support of its decision to declare February 8, the one-year anniversary of the general elections, a black day.

According to media sources, PTI founder Imran Khan has instructed all party lawmakers—including MPAs and MNAs—to plan and take part in demonstrations in their local communities on February 8 in order to draw attention to their complaints and issues.

In a recent meeting with legal advisors on Wednesday, Imran Khan expressed dissatisfaction with the performance of the party’s Information Secretary Sheikh Waqas Akram. The meeting emphasized the importance of party discipline and gave stern directives to abstain from any criticism of Maulana Fazlur Rehman, the head of the JUI-F.

It has also been suggested that the PTI engage opposition leaders in the demonstrations in order to win their support.

Party insiders revealed that the founder has urged leaders to ensure effective coordination and mobilised efforts in preparation for February 8.

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In 13 cases involving the D-Chowk demonstration, Bushra Bibi granted temporary release until February 7.

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Bushra Bibi, the wife of the PTI chairman, was granted temporary release by the Islamabad Anti-Terrorism Court (ATC) in 13 counts pertaining to the November 26 D-Chowk protest. Judge Tahir Abbas Supra ordered the police to produce all pertinent documentation by February 7 and granted bail against surety bonds of Rs. 5,000 apiece.

Additionally, Bushra Bibi was given temporary release until February 7 in the Rangers’ accident case. During the hearing, Judge Tahir Abbas Supra expressed disappointment over the behavior of the defense counsel on two occasions. Addressing the lawyers, he remarked, “You demand VIP protocol everywhere, but this is not possible. Prepare your files properly before coming to court.”

Three cases at the Secretariat Police Station, two each at the Margalla, Karachi Company, and Ramna Police Stations, and one each at the Tarnol, Kohsar, Aabpara, and Khanna Police Stations are among the numerous charges against Bushra Bibi.

In addition, the judge chastised the defense team for requesting that Bushra Bibi sign and thumbprint blank documents. He said, “The accused must sign and thumbprint the court orders, not blank sheets.”

Bushra Bibi also went to the Islamabad High Court to have her biometrics verified in relation to her appeal to be exonerated in the Toshakhana-II case. On Monday, Bushra Bibi and the PTI chairman submitted their acquittal petitions. After finishing the biometric procedure, she departed right away.

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