Govt files appeal against NAB verdict

Asks SC to set aside its majority order of September 15

ISLAMABAD:

The interim federal government has filed an appeal against the Supreme Court’s September 15 majority order whereby the apex court annulled amendments made to the National Accountability Ordinance (NAO), 1999, the law that governs the National Accountability Bureau (NAB).

On September 15, a three-member bench led by former chief justice Umar Ata Bandial struck down the amendments introduced in the NAO by the last PML-N led federal government with a majority vote.

The verdict had resulted in reopening of corruption references, inquiries and investigations against dozens of politicians belonging to all major political parties.

On Tuesday, the government filed an appeal against the verdict under Section 5 of the Supreme Court (Practice & Procedure) Act, 2023 read with Article 184 (3) of the Constitution.

Raising objections to the order, the appeal stated that the majority judgment suffers from procedural impropriety and is, therefore, liable to be set aside. It said the Respondent No 1—PTI chief Imran Khan—was allowed to file an amended petition without a proper application for amendment in pleadings.

“Had a proper application been filed the federation would have had the opportunity to respond to it in writing. The Federation was also not given equal treatment and, in fact, was denied the due process and equal protection of law.

“The Respondent No 1 was given the opportunity to make oral submissions for 27 hearings over a period of 6 months. He was also given the right to make submissions in rebuttal.

“The submissions by the Federation, on the other hand, were curtailed. His submissions were restricted only to answering queries from the bench.”

The appeal said the majority judgment is contrary to the principles of natural justice and due process of law. It is also against the dicta law laid down by a larger Supreme Court bench in the case of Aman Ullah Khan vs the Federal Government of Pakistan.

“Further, by striking down amendments in Section 14 of NAO, 1999 the majority judgment ignored the provisions of the Amendment Ordinance, 2023. Through this Ordinance, amongst other things, the burden of proof was shifted to the accused in matters relating to accepting illegal gratification.

“The Ordinance was in the field at the time the majority judgment was passed and remains so at the time of filing of this appeal. By striking down amendments in Section 14 of NAO, 1999, 38 Section 14A of the Amendment Ordinance, 2023 has been rendered redundant,” it added.