SC gives govt three months to amend NAB law

ISLAMABAD: The Supreme Court on Wednesday granted the government three months to decide on the matter related to plea bargain clause (Section 25(a)) of the National Accountability Ordinance 1999.

Chief Justice of Pakistan (CJP) Gulzar Ahmed observed that even those who voluntarily reimbursed the amount would face the consequences of corruption.

The apex court has already prevented the National Accountability Bureau (NAB) from offering plea bargains. The clause was inapplicable until the Parliament would decide on Section 25 (a).

A three-member bench headed by CJP Gulzar Ahmed and comprising Justice Ijazul Ahsan and Justice Sajjad Ali Shah conducted hearing on a 2016 suo motu case pertaining to NAB laws.

During the outset of hearing, the CJP asked whether Section 25 (a) of NAB Ordinance had been removed or amended. Farooq H Naek Advocate pleaded a private member’s bill regarding complete removal of Section 25(a) was pending before a Senate committee. He apprised the bench that once the committee approved that bill it would be tabled in the Parliament.

Justice Gulzar Ahmed remarked: “According to the NAB law first an inquiry would be held then an investigation and testimonies of hundreds of witnesses. This procedure could take up to a lifetime.” The bench observed it was Parliament’s job to amend NAB laws. If the SC declared any of the laws unconstitutional, the whole bureau would be terminated, the CJP remarked.

Petitioner Asad Kharal said the case had been pending since 2016 and had not reached a conclusion despite 15 hearings. Justice Gulzar Ahmed remarked the court was about to decide the matter.

If the petitioner wanted he could give arguments on how Section 25 (a) of the NAB Ordinance 1999 was violating the Constitution. The CJP asked if Kharal wanted an individual who voluntarily reimbursed money should also admit to the crime and be considered an offender.

He also asked whether someone was still getting benefit from that section. The petitioner replied that the section was ineffective since the apex court’s last ruling.

The government had introduced new laws through NAB Amendment Ordinance 2019. Justice Ijaz-ul-Ahsan noted the petition pertained to Section 25 (a), saying this private member bill was authored by Naek, not the government.

Additional Attorney General Amir Rahman told the bench that the attorney general of Pakistan office’s stance was different from its predecessor. The apex court noted the AGP’s office said Naek had already presented the amendments before the Parliament and the PTI government was working to bring all opposition parties on board. The bench gave three months to the federal government to resolve the matter and adjourned hearing of the case.