Interim order
ISLAMABAD: A Supreme Court five-member bench has issued an interim order, temporarily halting accountability courts from delivering final judgments in corruption cases until the next hearing in the National Accountability Bureau (NAB) amendments appeal case.
Chief Justice Qazi Faez Isa led the bench, which decided to adjourn the case until a comprehensive judgment in the Practice and Procedure bill case is released.
The other esteemed members of the bench include Justice Athar Minallah, Justice Aminuddin Khan, Justice Jamal Mandokhail, and Justice Hassan Azhar Rizvi.
The proceedings commenced with the government’s legal counsel requesting more time to prepare their arguments.
Justice Isa noted that the petitioner had contended that the NAB amendment case should have been heard by a five-member bench, rather than a three-member bench, in accordance with the Practice and Procedure bill, which has now been deemed consistent with the constitution.
The Chief Justice further added that if the counsel succeeded in convincing him on this matter, the current bench would abstain from delving into the merits of the appeal.
In such an event, the petitions challenging the NAB amendments would be reinstated, and a new five-member bench would be constituted to address them.
Justice Isa emphasized the uncertainty surrounding the contents of the Practice and Procedure verdict, especially concerning cases that have already been resolved. Hence, it was deemed prudent to await the detailed judgment.
The bench also inquired about the status of all NAB amendments, to which lawyer Farooq H Naik responded that some amendments from the first and second had been invalidated, while the third amendment remained untouched.
Justice Athar Minallah suggested that the amendments should not be declared unconstitutional until each of them is thoroughly examined.
Subsequently, the bench adjourned the hearing until the decision in the Practice and Procedure bill case is announced.
All concerned parties, including Imran Khan, on whose petition the NAB amendments had been annulled, were duly notified.
In September, a three-member bench, with a 2-1 majority, had invalidated amendments to the NAB law, marking the final judgment issued by Justice Umar Ata Bandial as Chief Justice, with the agreement of Justice Ijaz ul Ahsan.
Beyond declaring the law unconstitutional, the court had ordered the reopening of all corruption cases previously closed due to the amendment.
