Back in the dock
It’s back to square one. A plethora of cases pertaining to corruption and graft stood restored as the Supreme Court on Friday in a 2-1 verdict ruled in favour of maintainability of the petition challenging the recently amended accountability laws. With this development, the entire political mosaic has witnessed a somersault as the who’s who in the electoral cadre and erstwhile public office-holders are back in the dock. The apex court — after 53 hearings spanning more than a year and a lot of dilly dallying by the Federation which was in defence in this case — finally struck down the law. It was ruled that the legislation is contrary to the spirit of the Constitution and fundamental rights. Thus, the decision has re-empowered NAB, and all cases that were being prosecuted as and when the impugned law came into effect are once again open for trial and tribulation. The immunity subscribed under the struck-down amendment that cases below Rs500 million cannot be prosecuted are back to life. Likewise, all plea-bargained settlements and acquittals stand null and void.
The decision will go a long way in reorienting the accountability arm. As cases of benami and assets beyond means are thrown open, this time around it is the accused who will have to prove his innocence, and not the state or the prosecution that was supposed to under the contested amendment. This verdict has incidentally come at a time when the political canvas is at its lowest ebb, and all the PDM parties that had bulldozed the legislation are in disarray. With many of their leaders already in greener pastures abroad, their cases back to the courts and inquiries in the progression stage will have long-term ramifications on their future public discourse. Cases from money-laundering to embezzlement, and from Toshakhana references to misuse of authority and kickbacks in energy, LNG and other developmental scams are now a dwarfing reality. What is hoped by the nation, this time around, is that the law will take its course, and the corrupt will stand a genuine trial.
Published in The Express Tribune, September 16th, 2023.
Like Opinion & Editorial on Facebook, follow @ETOpEd on Twitter to receive all updates on all our daily pieces.