Govt files appeal against overturning of NAB law amendments

ISLAMABAD: The caretaker federal government has challenged the Supreme Court’s (SC) September 15 verdict, annulling the amendments made to the National Accountability Ordinance (NAO), 1999, the law that governs the National Accountability Bureau (NAB), ARY News reported on Wednesday.

The Ministry of Law and Justice filed an appeal in Supreme Court against the Supreme Court’s verdict under Section 5 of the Supreme Court (Practice & Procedure) Act, 2023.

Naming the National Accountability Bureau (NAB) and Pakistan Tehreek-e-Insaf (PTI) chairman as respondents, it stated that the September 15 judgment suffers from procedural impropriety and is, therefore, liable to be set aside.

The appeal claimed that the majority judgment was contrary to the principles of natural justice and due process of law.

“Instead of presenting its position, the federation was limited to answering the court questions only,” while the petitioner —PTI chief Imran Khan— was given 3 months to submit the awhile the federal government was not even given 3 weeks.

It further stated the Respondent No 1 — PTI chief Imran Khan — was given the opportunity to make oral submissions for 27 hearings over a period of 6 months. “He was also given the right to make submissions in rebuttal,” it added.

“The submissions by the Federation, on the other hand, were curtailed. His submissions were restricted only to answering queries from the bench,” the appeal noted.

The appeal also pointed out that the federation’s request for a full court was also turned down. “Further, by striking down amendments in Section 14 of NAO, 1999 the majority judgment ignored the provisions of the Amendment Ordinance, 2023,” it added.

In a majority 2-1 verdict, the top court approved the PTI chief’s petition challenging amendments made to the country’s accountability laws during the tenure of the previous Pakistan Democratic Movement (PDM) government.

The top court also restored graft cases against public office holders that were closed down following the amendments to NAB laws.

Following the verdict, the references against some of the country’s political bigwigs were re-opened in accountability courts.

NAB law amendment

The NAB (Second Amendment) Bill 2021 states that NAB’s deputy chairman, to be appointed by the federal government, would become the acting chairman of the bureau following the completion of the tenure of the chairman.

The bill has also reduced the four-year term of the NAB chairman. After approval of the law, NAB will not be able to act on federal, provincial or local tax matters.

It has also set a three-year term for the judges of the accountability courts. Under the proposed law, it has been made binding upon NAB to ensure the availability of evidence against an accused prior to his or her arrest.