By Anzal Amin
ISLAMABAD: Supreme Court of Pakistan has issued notice to the federal government on a plea from Imran Khan against changes to National Accountability Bureau (NAB) law.
The PTI chairman has moved the apex court for a stay on implementation on recent changes through the Accountability Ordinance (amendment) bill 2022.
Pleading the case, Khawaja Haris, the counsel representing PTI, said that the new law also carries a section that bars anyone to become approver who has secured a plea bargain with the NAB.
“Are you saying that a man who secures plea bargain should be allowed to become an approver,” the CJP Umar Ata Bandial asked and further remarked that the arguments mean that it would be difficult for the prosecutor to convict a suspect.
During the hearing, Justice Mansoor Ali Shah said that the court would intervene in the Parliament’s matter when their action is against the Constitution.
CJP Bandial further asked how many under trial cases will get affect from the amendment.
Khawaja Haris said that he was not seeking stay on the cases but any relief through legislation should be linked with the outcome of the appeal in the apex court.
The SC issued notice to the government on linking decision of under trial case with the outcome of apex court against the NAB law and adjourned the hearing for next Friday.
It is pertinent to mention here that a special bench of the Supreme Court (SC) was formed to hear the petition filed by former Prime Minister and PTI Chairman Imran Khan against the recent amendments to the National Accountability Ordinance (NAO) 1999.
According to details, a three-judge bench headed by Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial along with Justice Ijazul Haq and Justice Mansoor Ali Shah was formed to hear the petition. 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 and the bureau’s prosecutor general to three years. After approval of the law, NAB will not be able to act on federal, provincial or local tax matters. Moreover, the regulatory bodies functioning in the country have also been placed out of NAB’s domain.
It says that “all pending inquiries, investigations, trials or proceedings under this ordinance, relating to persons or transactions … shall stand transferred to the concerned authorities, departments and courts under the respective laws.”
It has also set a three-year term for the judges of the accountability courts.
It will also make it binding upon the courts to decide a case within one year. 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.
According to one of the key amendments, the act “shall be deemed to have taken effect on and from the commencement of the National Accountability Ordinance 1999”.
