Pakistan
Justice Shah recommends CJP to form full court for hearing of plea against NAB amendments
Chief Justice of Pakistan Umar Ata Bandial indicates that the upcoming hearing should focus on the conclusive arguments from all parties involved.
Islamabad: In a significant development, Justice Mansoor Ali Shah, a distinguished member of Pakistan's Supreme Court, on Friday recommended the formation of a full bench to deliberate on the Pakistan Tehreek-e-Insaf's (PTI) legal challenge against recent amendments to the country's accountability laws.
“I would like to request the Chief Justice today that the matter concerning NAB amendments should be heard by a full court,” Justice Shah said while hearing of a case in a three-member bench led by Chief Justice Syed Mansoor Ali Shah and comprising Justice Ijazul Ahsan.
However, Chief Justice Bandial indicated that the upcoming hearing should focus on the conclusive arguments from all parties involved. He underscored, "This case has been lingering since 2022. No party has hitherto contested the amendments made in the NAB law before our bench."
In recognition of the weightiness of the case and the imminence of his retirement, Chief Justice Bandial emphasized, "My retirement is imminent, and this case holds profound importance. I am resolute in delivering a verdict, irrespective of the circumstances."
In a notable turn of events, Khawaja Haris, the legal representative for the PTI chief, was conspicuously absent from the session. In his stead, Yasir Aman, an assistant, appeared on his behalf.
In the aftermath of the proceedings, the apex court adjourned the hearing, rescheduling it for August 28, affording further time for meticulous examination.
The NAB (Second Amendment) Bill 2021, subject to PTI's challenge, introduces a series of notable changes to the prevailing legal framework. Notably, the bill designates that NAB's deputy chairman, appointed by the federal government, will step into the role of acting chairman upon the culmination of the incumbent chairman's tenure.
Furthermore, the amendment truncates the term of the NAB chairman, reducing it from four years. Once enacted, the amended law would exclude matters related to federal, provincial, or local taxes from NAB's jurisdiction.
The proposed legislation also mandates a three-year term for judges presiding over accountability courts. Importantly, it compels NAB to ensure the availability of substantial evidence against an accused individual prior to executing an arrest.
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