Islamabad, September 6, 2024 – A renowned constitutional expert and advocate Supreme Court (SC) Hafiz Ehsaan Ahmad Khokhar has said that the SC has upheld the legislative authority of Parliament by overturning a previous judgment related to amendments in the National Accountability Bureau (NAB) laws. The five-member bench ruled under the Practice and Procedure Act 2023, extending the application of the NAB amendments from January 1985 onwards.
The amendments, introduced by the PDM government across three sets in 2022 and 2023, were initially challenged by former Prime Minister Imran Khan. The Supreme Court’s earlier judgment struck down key sections of the law, including those relating to the jurisdiction of public office holders, financial limits for cases, and plea bargains. However, the appellate bench has now upheld the amendments and reaffirmed the legislative competence of Parliament.
Mr. Khokhar noted that the bench made significant observations, criticizing the previous ruling for failing to properly test the amendments against the Constitution. The court emphasized the need to uphold legislation unless it clearly violates constitutional rights. It also stressed that legislative decisions should not be equated with executive actions, urging a more cautious approach in striking down laws.
The expert highlighted that the ruling not only reinforces Parliament’s authority but also clarifies the respective roles of the judiciary and legislature. Khokhar concluded that the ruling will have a lasting impact on future accountability processes and called for the establishment of a transparent and credible accountability system in Pakistan, based on global best practices.
