The petition was filed by the Chairman of Pakistan Tehreek-e-Insaf PTI Imran Khan against the amendments in NAB’s ordinances. Before the decision was announced, the bench held 53 hearings on the petition.
On the last day of his tenure, the Chief Justice announced the decision which was reserved on 5th September.
The three-member bench headed by Chief Justice of Pakistan, Omar Ata Bandial comprising other judge Justice Ijaz-ul-Ishaq and Justice Mansoor Ali Shah has announced the verdict by two to one as Justice Shah has written the dissenting note on the decision.
Due to decision the cases against former President Asif Ali Zardari, head of the Pakistan Democratic Movement Fazal-ur-Rehman, ex-Prime Ministers Nawaz Sharif, Shahbaz Sharif, Syed Yousaf Raza Gillani, Raja Pervaiz Ashraf, Shahid Khaqan Abbasi, former Chief Minsters, Syed Murad Ali Shah , Usman Buzdar, Perviaz Khattak , Chaudhary Pervaiz Elahi , Syed Qaim Ali Shah and Dr Abdul Malik Baloch, several parliamentarians including Jahangir Khan Tareen, Hamza Sharif and several senior bureaucrats would be reopened.
It is a very interesting factor that the corruption cases against sitting caretaker Prime Minister Anwar-ul-Haq Kakar , incumbent ministers Ahad Cheema and Fawad Hassan Fawad also benefited from the controversial amendments.
As a matter of fact, the PDM during its tenure in the government brought the amendments in the parliament to save its top leadership by concluding the cases of corruption. These amendments were introduced with the mala fide intentions just to gain personal advantage from these amendments
In its decision, the apex court has invalidated the aspect of excluding references up to a limit of Rs 500 million (50 crore) from NAB’s jurisdiction as well as the rule of plea-bargain.
The court further stated that all the inquiries that were stopped due to amendments would not only be restarted but also re-filed in NAB courts, which would be sent within a week to the relevant accountability courts. Earlier he hinted to give a “sweet decision” in the case.
It is important to note that the Parliament had introduced amendments to the NAB law in sections 2, 4, 5, 6, 25, and 26, as well as sections 14, 15, 21, and 23.
The court further explained that the rights enshrined in the constitution have been affected by the NAB ordinances. Therefore, all investigations and inquiries conducted under NAB ordinances will be revived.
The NAB amendments had granted the power to appoint the Chairman of NAB to the National Assembly and Senate in 2022. Furthermore, the Chairman of NAB’s tenure has been reinstated to four years, as it was set at three years under the NAB amendments.
The decision of the SC is hailed widely by the people of the country as the majority of them want fair and free accountability of the corrupt elements, who plundered the national exchequer with both hands.
The decision of the Supreme Court would put a long lasting impact on the history of the country as it would pave way to kick off the accountability process again, though there are some legal bottle necks in it but that does not mean to let looters free.