Pakistan’s Supreme Court restores anti-corruption law amendments

The court overturned an earlier decision that had nullified amendments to the National Accountability Bureau (NAB) laws, which were revised in May 2023 by Sharif’s administration.

However, in its 16-page ruling on Friday, the Supreme Court underscored the separation of powers intended by the amendments between the legislature and the judiciary. (File Photo)

Pakistan’s Supreme Court on Friday reinstated changes to the country’s anti-corruption laws that had previously benefited prominent politicians, including Prime Minister Shehbaz Sharif and his elder brother Nawaz Sharif. Surprisingly, jailed former premier Imran Khan also stands to benefit from the ruling.

In September, last year, the top court, led by then-Chief Justice Umar Ata Bandial, issued a 2-1 verdict that invalidated the changes to the National Accountability Ordinance (NAO) as requested by Imran Khan.

Chief Justice of Pakistan (CJP) Qazi Faez Isa delivered the verdict, which had been reserved by a five-member bench following intra-court appeals (ICAs) from the federal government and other parties. The court overturned an earlier decision that had nullified amendments to the National Accountability Bureau (NAB) laws, which were revised in May 2023 by Sharif’s administration.

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However, in its 16-page ruling on Friday, the Supreme Court underscored the separation of powers intended by the amendments between the legislature and the judiciary. “The Chief Justice and the judges of the Supreme Court are not the gatekeepers of Parliament,” the court stated.

The amendments had been criticised by Khan’s party, Pakistan Tehreek-e-Insaf (PTI), as they led to the withdrawal of corruption cases against top politicians, including Shehbaz Sharif, Nawaz Sharif, and President Asif Ali Zardari. Khan challenged these amendments, resulting in a September ruling that had annulled them.

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The Supreme Court’s Friday verdict restored the amendments, ruling by consensus in favour of the appeal. In its 16-page ruling, the Court underscored the separation of powers intended by the amendments between the legislature and the judiciary. “The Chief Justice and the judges of the Supreme Court are not the gatekeepers of Parliament,” the court stated.

Following the ruling, PTI Chairman Gohar Ali Khan indicated that Khan would likely receive relief in the second Toshakhana corruption case and the Al-Qadir Trust case. The new law bars the NAB from pursuing cases involving alleged corruption of less than Rs 50 billion and exempts cabinet decisions from prosecution.

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Khan’s cases, involving alleged corruption of Rs 13 billion and management of funds linked to the Al-Qadir Trust, are now expected to be dismissed. Khan appeared in court via video link from Adiala Jail in Rawalpindi, where he has been detained since September last year.

The new ruling means that corruption cases involving less than Rs 50 billion face significant hurdles, as starting such cases from scratch requires substantial effort and time. The NAB’s extensive powers to arrest and investigate are not matched by other bodies like the Federal Investigation Agency or provincial anti-corruption agencies.

(With Inputs from PTI)