Tentative date for decision on NAB amendment case revealed
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Chief Justice of Pakistan (CJP) Umar Ata Bandial stated on Tuesday that the three-member apex court bench handling Imran Khan's petition against the National Accountability (Amendment) Act, 2022, would soon deliver a "short and sweet" verdict.
The bench, led by CJP Bandial and including Justice Mansoor and Justice Ijazul Ahsan, heard Khan's petition and reserved judgment, with the date for the verdict announcement pending.
CJP Bandial, set to retire on September 16, remarked, "My retirement is near; [we] will provide a decision before retirement," as he is to be succeeded 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 foreign visit. At the outset of the hearing, PTI legal counsel Khawaja Haris presented his final arguments. CJP Bandial commented during the arguments that the National Accountability Bureau (NAB) had presented reasons for the references 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 mentioned that many pending cases had been returned after the amendments. CJP Bandial emphasized the need for clear definitions of crimes in the law.
Justice Mansoor questioned whether retroactive application of NAB amendments could eliminate crimes, to which CJP Bandial inquired about Parliament's authority to legislate retroactively. Justice Ahsan argued that Parliament had limitations, and Justice Mansoor reiterated his query about the Constitution's provisions regarding retroactive legislation. CJP Bandial emphasized the importance of clarity in the NAB law. The discussion continued with questions about the Supreme Court's role in amending legislation, and Chief Justice Bandial reaffirmed Parliament's supremacy.
The court examined the possibility of sending amended laws back to Parliament for reconsideration. Justice Mansoor highlighted that the court could review laws if they affected fundamental rights, prompting a discussion on the impact of NAB amendments on fundamental rights, particularly in cases of corruption in public property. Justice Ahsan noted that corruption in public property indeed affects the fundamental rights of all citizens.
