SC terminates NAB amendments; restores all cases
ISLAMABAD: The Supreme Court (SC) on Friday terminated amendments introduced by previous government in National Accountability Ordinance 1999 and ordered to restore all cases to the concern courts that were abolished after changing in the law.
The court restored all NAB cases and inquiries against public office holders, including those less than worth Rs 500 million, that were returned to the bureau after the amendments in law.
It also set aside the clauses pertaining to the definition of unnamed (be-nami), assets beyond source of income and shifting burden of proof onto the prosecution.
The court declared the section preventing the NAB from taking action against government officers as void.
A three-member bench of the top court headed by outgoing Chief Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan and Justice Mansoor Ali Shah announced the verdict which was reserved on September 5, after conducting 53 hearings in the case filed by Chairman Pakistan Tehreek e Insaf (PTI).
The bench announced the judgment by 2-1 majority as Justice Mansoor Ali Shah wrote dissenting note in it.
Chief Justice Umar Ata Bandial read out the verdict against amendments and said that the petition was declared as maintainable.
The court also terminated the orders of accountability courts which were passed in the light of NAB amendments and directed to fix all restored cases again before the concern courts.
It directed the bureau to submit all record of restored cases to the concern courts within seven days for re-starting the trials.
The order said that the amendments in NAB law had affected the fundamental rights of the public.
It, however, stated that the amendments pertaining to the section-V had been maintained to the extent of civil servants.
The top court also set aside the clause pertaining to applying the amendments from past.
It may be mentioned here that the Chairman Pakistan Tehreek e Insaf (PTI) had challenged the amendments in NAB law in July 2022.
The top court had reserved its judgment on September 5, after hearing all respondents.
Advocate Khawaja Haris represented chairman PTI while Makhdoom Ali Khan represented the federal government during hearing.
