‘Judiciary has powers’ to invalidate any legislation

SC bench observes NAB law amendments can be invalidated if conflicted with constitutional provisions

ISLAMABAD:

A three-member Supreme Court special bench observed on Wednesday that the legislature gave vast powers to the judiciary to declare any law null and void, stressing that the latest amendments to the accountability law could be invalidated a law if it conflicted with the existing constitutional provisions.

The bench, also including Justice Ijazul Ahsan and Justice Mansoor Ali Shah, heard the appeal filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against the amendments to the National Accountability Ordinance (NAO).

During the hearing, federal government’s lawyer Makhdoom Ali Khan continued his arguments. He told the bench that if parliament changed the nature of punishment by amending the relevant law, the amendment would apply to convicted person.

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Justice Shah asked if the death penalty law was abolished and life imprisonment was imposed, would the punishment of all criminals be changed. Makhdoom Ali Khan replied that the nature of the punishments under the Hudood Ordinance was changed by the order of the Supreme Court.

Justice Shah further said if the NAB amendments be declared null and void if these conflicted with other constitutional provisions. Justice Ahsan said that whenever a new law conflicted with the existing constitutional provisions, it could be declared null and void.

Justice Shah asked whether the Supreme Court could determine the intention of the parliamentarians about any legislation. Makhdoom Ali Khan replied that in many judgments, it had been stated that accusing someone of ill-intention was easy proving that was difficult.

To another court query, whether the NAO amendments benefited a certain section, the federal government’s lawyer informed the bench that the amendments were for all, and not to provide benefit any particular section.

Justice Ahsan said that the court may come to the conclusion that only those people, who were in the government, had benefited from the amendments to the National Accountability Bureau (NAB) law.

Chief Justice Bandial said that the legislature had given wide powers to the judiciary to declare any law null and void. Later further hearing of the case was adjourned till Thursday (today).