A comprehensive 16-page written ruling on the government’s intra-court appeal concerning the nullification of the National Accountability Bureau (NAB) statute has been made public by the Supreme Court.
The verdict, which was written by Pakistan’s Chief Justice Qazi Faez Isa, reinstates the NAB changes and overturns the prior decision made by a two-member court.
The ruling explores the background of the NAB law, noting that it was passed by former army chief General Pervez Musharraf only 34 days after he had taken over via force. The court emphasised that Musharraf exploited the law to further his personal political goals and disregarded the democratic constitution.
The ruling mentions that Musharraf dismissed judges of the Supreme Court who disagreed with his unlawful acts.
Additionally, Justice Athar Minallah sent a message expressing his agreement with Chief Justice Isa’s decision. He emphasised that the Supreme Court Practice and Procedure Act did not accept the government’s appeal and that only appeals from parties who have been wronged are accepted.
He pronounced the previous ruling, which had annulled the NAB modifications, to be void and emphasised that judges and military personnel should not be free from NAB legislation.
The Supreme Court emphasised that there are clear functions for the legislative and judiciary under the Constitution, and they must take great care to avoid interfering with one another’s purview. It served as a reminder to both branches to carry out their constitutionally mandated tasks in service of the people. The judiciary—including the chief justice—is not the “gatekeeper” of parliament, the court emphasised once more.
As per the preamble draughted during the Musharraf administration, the court noted that the principal aim of the NAB law was to suppress corruption. Nonetheless, the court observed that it had been employed for political retaliation and manipulation, given that lawmakers who backed Musharraf were frequently found not guilty.
“The main purpose of the NAB law was political revenge from politicians or political engineering,” the decision noted.
It also mentioned the three noteworthy changes made to the NAB law:
June 22, 2022, saw the enactment of the first amendment.
On August 22, 2022, the second amendment was proposed.
“On May 29, 2023, the third amendment was ratified, following six hearings in which the court heard arguments opposing the NAB revisions.
Although the court did not go over the third amendment in any depth, it emphasised that laws should be preserved rather than being quickly overturned. It also made it clear that the interpretation that favours the legislation’s legality will prevail when two interpretations of the same statute exist.
The ruling stated that “the PTI founder’s petition and the old judgement of the Supreme Court were not according to the Constitution,” and it also stated that the court was not persuaded that the amendments were illegal in this particular case.
The PTI founder’s appeal was denied by the Supreme Court, which said it was not filed in a sincere effort. It further emphasised the fact that Imran Khan himself had proposed a large number of these changes.
needsIt was noted that the Practice and Procedure Act had been passed five months before the decision to change the NAB statute. Following that, the Supreme Court denied a request to establish a five-member bench to hear the petition challenging the modifications. A five-member bench needs to be assembled for the NAB amendments case, Justice Mansoor Ali Shah noted. The Supreme Court stated that the two-member bench would not have been able to hear or rule on the case against the NAB changes if Justice Shah had recused himself from the bench.
The Practice and Procedure Act hearings were postponed for 100 days and then resumed on September 18, 2023, according to the statement.
The court effectively reinstated the government’s earlier actions on the NAB statute when it stated in its closing remarks that the bill had been utilised for political objectives and that its amendments should remain.
