ISLAMABAD: The Supreme Court barred the Accountability Courts from announcing the final verdict in corruption cases reopened following the judgment declaring amendments made to the National Accountability Ordinance (NAO) null and void.
A five-judge bench, headed by Chief Justice Qazi Faez Isa, on Tuesday, heard the Federation and an individual’s Intra-Court Appeals (ICA) against the apex court’s judgment dated September 15, 2023.
The order said; “The concerned courts (Accountability) may proceed with the trial but will not announce the final judgment.” However, the Court declined Farooq H Naek, who represented three private persons, plea to suspend the SC judgment on NAB amendments.
Justice Mansoor declares amendments made to NAO as ‘null and void’
The bench issued notices to Pakistan Tehreek-e-Insaf Chairman Imran Khan and chairman National Accountability Bureau (NAB).
The SC office was directed to provide copies of appeals and today’s (31st October) order to Imran Khan in jail. The notices were also issued to the Attorney General for Pakistan (AGP) and the Advocates General of all the provinces and Islamabad. The case is adjourned until the detailed judgment is announced by the majority of three-judge bench.
A three-judge bench, headed by ex-CJP on September 15 by a majority of 2:1 declared the amendments null and void and ordered the reopening of all corruption cases worth less than Rs500 million that were previously closed against political leaders from various parties and public officeholders.
The court, in a 58-page judgment, directed the NAB to return all case records to the relevant courts within seven days of the date of judgment.
During the proceeding, the court was informed that Third Amendment in NAO, which laid down procedure for transferring of cases from Accountability Court to other forums, was not attended to in the SC majority judgment. Naek said that the 3rd NAB Amendment was made to decide what to do with the pending inquiries and investigation before the NAB chairman, and the references in the Accountability Courts.
Justice Minallah questioned when all the amendments were not clubbed then how the amendment could be struck down. All the amendments, particularly the subsequent amendment (3rd Amendment), were not taken into consideration.
Justice Minallah also questioned whether any order was passed (by eight-member bench) to suspend the Practice and Procedure Act (PPA), 2023. He observed that only the bill was suspended.
The chief justice noted 55 hearings of the NAB amendments were conducted. Advocate Saad Hashmi, associate of Makhdoom Ali Khan, who represented the Federation in Imran Khan’s petition against the NAB amendments, submitted that there was a bit of urgency in concluding the case, adding after the hearing of 16th May 2023, the next hearing of the case was held on August 18, 2023.
Saad argued that the Supreme Court (Practice and Procedure) Act, 2023 was enacted and the Full Court of SC heard the challenges to the Act and sustained it and it has been declared in accordance with the constitution.
He stated that the Act provided a mechanism for the formation of benches, which may be a procedural matter, but Section 4 of the Act says where the constitution provisions are involved then the bench must comprise five judges of the court, adding the Act was given effect on 21st April 2023 and the impugned judgment passed on September 15.
He also contended that the petition was filed under Article 184(3) of the constitution assailing the amendments in NAO and a three-judge bench announced the judgment on September 15. He said the matter should have been decided not less than a five-member bench.
Farooq H Naek said that he also filed an appeal on behalf of private persons, who was an accused and the impugned judgment adversely affected him without impleading him as a party. As a matter of abundant caution, he also filed the review petition. He, however, did not press the appeal and sought impleadment as party and withdrew the appeal.
The Full Court announced its order on the PPA on October 11, but the detailed judgment of it has not yet been delivered.
AGP Mansoor Usman Awan and Farooq H Naek supported the proposition of Hashmi that this legal matter (PPA) be decided first. In view of that, the bench decided to fix the appeal after the announcement of the PPA detailed judgment.
Copyright Business Recorder, 2023
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