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Govt’s appeal challenging NAB law amendments being heard in SC

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This is the first intra-court appeal filed after implementation of SC (Practice and Procedure) Act 2023.

  • Appeal filed under SC law’s Section 5 against apex court’s order.
  • Parliament was competent to legislate, govt contends.
  • PTI chief had challenged NAB amendments last year.

ISLAMABAD: A five-member bench of the Supreme Court Tuesday is hearing the federal government’s intra-court appeal against the National Accountability Bureau’s (NAB) law amendments verdict.

This is the first intra-court appeal filed following the implementation of the Supreme Court (Practice and Procedure) Act 2023. Chief Justice Qazi Faez Isa will be heading the bench, while Justice Amin-Ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Hasan Azhar Rizvi are also included in it.

It should be noted that Pakistan Tehreek-e-Insaf Chairman Imran Khan had challenged NAB amendments in 2022.

A three-member bench — headed by former chief justice Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Syed Mansoor Ali Shah — had conducted more than 50 hearings in the case, declaring the first and second NAB amendments in 2022 null and void on September 15 by a majority of 2-1.

The verdict restored the corruption cases against the public office-holders after striking down some of the amendments made by the Pakistan Democratic Movement (PDM) government to the National Accountability Ordinance (NAO) 1999, declaring it against the rights pertaining to the public interest enshrined in the Constitution.

Subsequently, the federal government filed an appeal under Section 5 of the SC law against the apex court’s order.

The top court also issued notices to lawyers.

The government had contended that by setting aside the law passed by parliament and making amendments to the NAB law, the apex court had crossed its powers.

It was further contended that parliament was competent to legislate adding that it had enacted a law making amendments to the NAB law.

“If a legislation is repugnant to the fundamental rights of citizens, then the court can set it aside,” it contended but added that the amendments made to the NAB law did not affect the fundamental rights of citizens.

After the verdict, the NAB reopened cases against political bigwigs including the former prime ministers.

Last year in June, Pakistan Tehreek-e-Insaf Chairman Imran Khan had filed a petition in the apex court under Article 184(3) of the Constitution praying for annulling the amendments for being “ultra vires to the Constitution”.

The amendments made to the NAB law were struck down by the court including the one which limited the NAB jurisdiction to cases involving over Rs500 million and one which allowed the accused to claim the amount of plea bargain deposited after being acquitted.

The judgment authored by former CJP Bandial declared the petition of Imran Khan as maintainable on account of violating Articles 9, 14, 24 (protection of property rights) and 25 (equality of citizens) of the Constitution and for affecting the public at large because the unlawful diversion of state resources from public development projects to private use leads to poverty, declining quality of life and injustice.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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