ISLAMABAD: Supreme Court declared null and void amendments to National Accountability Ordinance (NAO) 1999 laws and restored corruption cases against public office holders, which were abolished under amended law.

Three-member bench of apex court, headed by Chief Justice Umar Ata Bandial, announced reserved verdict on PTI Chief’s petition challenging amendments to law. It was last day of CJP Bandial in office as he is retiring today.

Bench announced verdict by 2-1 majority with third member of bench, Justice Mansoor Ali Shah, writing note of dissent. Bench declared nine of 10 clauses of NAB amendments null and void.  Apex court restored all NAB cases and inquiries, including those below Rs 500 million.

It also struck down sections pertaining to definition of unnamed (benami) and assets accumulated beyond means, as well as section shifting onus of proving case onto prosecution.  Provision to prevent NAB from taking action against government officers has also been declared void. Apex court ordered NAB to send all cases to courts concerned within seven days.

In June 2022, 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 plea maintainable while Justice Shah disagreed.  PTI Chief had submitted that amendments to NAB law had been made to benefit influential people and legitimise corruption. Justice Shah had during recent hearings urged for full court to hear case, citing frozen Supreme Court (Practice and Procedure) law.

However, CJP Bandial had opposed it, noting that his retirement was near and plea had already been pending for considerable time-since at least July 19, 2022. Apex court had reserved its verdict on September 5.

Three-judge special bench, led by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Mansoor Ali Shah, heard plea. Bench appeared to be visibly divided over issue during 53 hearings on former prime minister’s petition. Justice Shah consistently questioned maintainability of petition, whereas CJP Bandial and Justice Ahsan remained critical of some of amendments made to NAB law by PDM govt.

Published in The Daily National Courier, September, 16 2023

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