Chief Justice of Pakistan (CJP) Umar Ata Bandial stated on Tuesday that thethree-member apex court bench handling Imran Khan’s petition against theNational Accountability (Amendment) Act, 2022, would soon deliver a “shortand sweet” verdict.
The bench, led by CJP Bandial and including Justice Mansoor and JusticeIjazul Ahsan, heard Khan’s petition and reserved judgment, with the datefor the verdict announcement pending.
CJP Bandial, set to retire on September 16, remarked, “My retirement isnear; [we] will provide a decision before retirement,” as he is to besucceeded by Justice Qazi Faez Issa.
The additional attorney general, representing AGP Mansoor Usman Awan,apologized to the court for missing the hearing due to an important foreignvisit. At the outset of the hearing, PTI legal counsel Khawaja Harispresented his final arguments. CJP Bandial commented during the argumentsthat the National Accountability Bureau (NAB) had presented reasons for thereferences returned following amendments in the law up to May.
He noted, “The reasons for reference withdrawal suggest bias in the law,”expressing concern about pending cases before NAB. Khawaja Haris mentionedthat many pending cases had been returned after the amendments. CJP Bandialemphasized the need for clear definitions of crimes in the law.
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Justice Mansoor questioned whether retroactive application of NABamendments could eliminate crimes, to which CJP Bandial inquired aboutParliament’s authority to legislate retroactively. Justice Ahsan arguedthat Parliament had limitations, and Justice Mansoor reiterated his queryabout the Constitution’s provisions regarding retroactive legislation. CJPBandial emphasized the importance of clarity in the NAB law. The discussioncontinued with questions about the Supreme Court’s role in amendinglegislation, and Chief Justice Bandial reaffirmed Parliament’s supremacy.
The court examined the possibility of sending amended laws back toParliament for reconsideration. Justice Mansoor highlighted that the courtcould review laws if they affected fundamental rights, prompting adiscussion on the impact of NAB amendments on fundamental rights,particularly in cases of corruption in public property. Justice Ahsan notedthat corruption in public property indeed affects the fundamental rights ofall citizens.
