SC ajourns NAB amendments hearing

ISLAMABAD: The Supreme Court’s (SC) has adjourned its hearing on the NAB amendments case, which saw a series of arguments from various parties today.

The hearing, presided over by Chief Justice Umar Ata Bandial, delved into complex legal matters related to the amendments in the National Accountability Bureau’s (NAB) legislation.

During the hearing, federal government lawyer Makhdoom Ali Khan presented his arguments in favor of the amendments. He highlighted that the SC has historically supported legislative changes and emphasised that there is no constitutional prohibition against retroactive application of legislation. He referred to Section 31 of the Customs Act as a precedent where retroactive application was upheld by the court.

Chief Justice Umar Ata Bandial questioned the exemption of the amnesty scheme from the NAB Ordinance and sought clarification on the changes in the definition of “benamidar” in the amendments. The court also focused on the need for the prosecution to prove corruption, the compatibility of assets with sources of income, and the onus of proof.

Advocate Makhdoom Ali Khan argued that the burden of proof lies with the prosecution to demonstrate guilt and compatibility of assets and income sources. He emphasised the court’s role in creating harmony in the law and interpreting provisions to ensure consistency.

The hearing touched on the NAB’s actions, including raids and lock-breaking, and referenced specific cases like that of Khurshid Shah. The debate expanded to broader legal principles, such as whether every anonymous transaction is a corrupt one and the importance of evidence when making corruption allegations.

The hearing also witnessed Khawaja Haris, representing the PTI Chairman, highlighting concerns about the plea bargain process and the potential waste of public money due to retroactive application. The issue of parliamentary authority in enacting legislation and the public interest aspect of waste of public funds were also discussed.