Islamabad, Pakistan – Pakistan’s Supreme Court connected Friday reinstated amendments made to nan country’s accountability rule 2 years ago, overturning a erstwhile determination by a three-member bench.
In September past year, nan apical tribunal nether then-Chief Justice Umar Ata Bandial had, successful a 2-1 verdict, struck down changes to nan National Accountability Ordinance (NAO), arsenic had been demanded by former Prime Minister Imran Khan.
Khan had based on that nan amendments, brought by a conjugation authorities nether existent Prime Minister Shehbaz Sharif aft Khan was removed from office, were aimed astatine benefitting his rival politicians and protecting their alleged corruption.
However, nan national authorities revenge appeals aft nan Bandial verdict, and a five-member bench, led by coming Chief Justice Qazi Faez Isa, began hearings successful May, culminating successful a unanimous 5-0 determination reversing nan earlier verdict.
In nan latest verdict lies an irony, opportunity analysts. The reinstated amendments mightiness thief Khan, who had sought their removal.
The National Accountability Bureau (NAB), nan country’s anticorruption body, was founded during nan tenure of erstwhile subject ruler General Pervez Musharraf (1999-2008). Over nan years, politicians person often accused nan NAB of being utilized arsenic a instrumentality for governmental victimisation.
The assemblage has nan authority to analyse allegations related to financial matters of immoderate civilian successful government, including politicians and bureaucrats. However, nan rule is not extended to nan subject aliases nan judiciary.
The Pakistan Democratic Movement (PDM), a conjugation of governmental parties that came to powerfulness successful April 2022 aft Khan’s ouster via a no-confidence vote, had pushed done amendments to nan NAO.
Key changes included reducing nan tenure of NAB’s chairperson to 3 years and limiting NAB’s jurisdiction to cases involving corruption of 500 cardinal rupees ($1.8m) aliases more.
Another amendment exempted national furniture decisions from NAB investigation, while ongoing inquiries and tests would beryllium transferred to different applicable authorities.
Khan, who built his governmental personality astir fighting corruption, claimed that nan amendments were a deliberate effort by nan PDM to protect politicians from accountability and legitimise forbidden acts.
But successful its 16-page ruling, nan apical tribunal connected Friday emphasised nan separation of powers sought successful nan amendments betwixt nan legislature and nan judiciary. “The Chief Justice and nan Judges of nan Supreme Court are not nan gatekeepers of Parliament,” it said.
Sayed Zulfiqar Bukhari, a elder PTI leader and adjacent adjutant to Khan, acknowledged nan mixed quality of nan ruling. Speaking toJazeera from London, he said nan court’s determination helped standardise NAB procedures and forestall arbitrary arrests.
However, Bukhari besides based on that nan amendments were chiefly aimed astatine covering up corruption and past misuse of power.
“There are merits successful immoderate of nan amendments, but nan halfway volition was to protect past governments and politicians,” he said.
Ironically, 1 of nan beneficiaries of nan restored amendments could beryllium Khan himself, on pinch his wife, Bushra Bibi. Both are facing aggregate corruption charges, including a lawsuit involving complete $200m.
The NAB alleges that Khan’s authorities struck a woody pinch existent property tycoon Malik Riaz, causing a $239m nonaccomplishment to nan nationalist exchequer successful a quid pro quo arrangement.
Khan and his woman were granted bail successful May successful nan case, but nan NAB has since approached nan Supreme Court to overturn that decision.
Khan and Bibi, his wife, person been successful Rawalpindi’s Adiala jail. Khan was arrested successful August 2023, whereas his woman was sent to jailhouse successful January this year.
According to lawyer Abdul Moiz Jaferii, pinch nan amendment which limits nan NAB from investigating furniture decisions, nan lawsuit against Khan and his woman “goes retired of nan window”.
Jaferii said nan lawsuit is rooted successful really a furniture gathering had, owed to corrupt motives, allowed for nan transportation of millions of pounds from nan United Kingdom for businessman Riaz’s benefit.
The Karachi-based lawyer said he agreed pinch nan court’s decision, adding that it was a “correct reading” of nan rule pinch respect to challenges to legislation.
Political expert Ahmed Ijaz noted that contempt Khan’s earlier claims of not seeking individual use from nan amendments, nan Supreme Court’s determination now positions him arsenic 1 of nan law’s beneficiaries.
Ijaz supported nan simplification of nan NAB’s powers, adding that “politicians request to understand that nan less powers institutions person for governmental engineering, nan amended it is for governmental stableness and democracy”.
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