SC larger bench to hear appeals against NAB law amendment verdict

ISLAMABAD: The Supreme Court (SC) will take up next week appeals of the federal government and others against its judgment, striking down amendments made through the National Accountability (Second Amendment) Act, 2022 for being ultra vires to the Constitution.

According to a cause list issued here, a five-member larger bench, headed by Chief Justice Qazi Faez Isa, would take up on Tuesday, Oct 31, the appeals filed by the Federation through secretary Ministry of Law and Justice against the apex court judgment on the NAB law amendments.

Other members of the bench include Justice Aminuddin Khan, Justice Jamal Khan Mandokhel, Justice Athar Minallah and Justice Syed Hasan Azhar Rizvi.

The federal government had filed an appeal in the apex court under Section 5 of the Supreme Court (Practice and Procedure) Act 2023 against the order, passed by the apex court on Sept 15, in a petition filed by former prime minister Imran Khan, challenging the amendments made in the NAB law.

The apex court was requested to set aside its judgment striking down amendments made by the PDM coalition government in the National Accountability Ordinance (NAO) 1999, declaring it against the rights enshrined in the Constitution.

It had contended in its appeal that by setting aside the law passed by the parliament, the apex court had exceeded its powers.

The federal government contended that parliament was competent to make legislation, adding that it had enacted the law, making amendments to the NAB law. “If any legislation is repugnant to fundamental rights of citizens, then the court could set aside it,” it had contended but added that amendments made in the NAB law did not affect the fundamental rights of citizens. A three-member bench of the apex court headed by former chief justice Umer Ata Bandial and comprising Justice Ijazul Ahsen and Justice Syed Mansoor Ali Shah on September 15 by a majority 2-1 had restored corruption cases against public office holders after striking down some of the amendments made by the previous coalition government (PDM) in the National Accountability Ordinance (NAO) 1999, declaring it against the rights pertaining to public interest enshrined in the Constitution.