The apex court rules that Imran Khan has failed to prove that the amendments are unconstitutional
The Supreme Court of Pakistan on Friday accepted the intra-court appeals filed by the federal government and other affected parties against the nullification of NAB amendments. The court overturned the decision that had declared the NAB amendments void and restored the amendments.
A five-member bench, led by Chief Justice Qazi Faez Isa, announced the verdict reserved earlier, with the Supreme Court ruling unanimously 5-0.
The bench included Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah, and Justice Hasan Azhar Rizvi.
In its decision, the court stated that PTI founder Imran Khan failed to prove that the NAB amendments were unconstitutional.
The verdict emphasized that the Supreme Court should strive to uphold legislation whenever possible, and it was not proven that the NAB amendments were against the Constitution.
The ruling further stated that the court and judges cannot act as gatekeepers for Parliament. Both Parliament and the judiciary have distinct roles clearly outlined in the Constitution. The detailed decision will be published on the Supreme Court’s website.
Justice Athar Minallah rejected the government’s appeal, holding in an additional note that it was not maintainable. Justice Hasan Azhar Rizvi also wrote an additional note, agreeing with the decision but differing on the reasons.
After a three-month deliberation, the Supreme Court announced the reserved verdict on the appeals against the nullification of the NAB amendments and reinstated the amendments. The court ruled that the three-member bench’s earlier decision had failed to prove that the NAB amendments were unconstitutional.
The five-member larger bench had reserved its judgment on June 6, 2024, after concluding the hearing of the federal government’s intra-court appeal against the three-member bench’s decision.
Background of the NAB amendments case:
The NAB amendments were passed during the PDM government’s tenure, and PTI founder Imran Khan had filed a petition challenging them.
On September 15, 2023, the Supreme Court declared the NAB amendments void, nullifying 9 out of 10 amendments. The federal and provincial governments then filed intra-court appeals against the ruling.
The NAB amendments removed several cases from NAB’s jurisdiction, retroactive to the introduction of the National Accountability Ordinance 1999.
Under the amendments, NAB could not investigate cases involving less than Rs500 million, only fraud cases with over 100 victims could be investigated, and the maximum remand period was extended from 14 to 30 days.
Besides it, the NAB was barred from intervening in federal, provincial, or local tax matters, and the regulatory bodies were excluded from NAB’s authority.
