Pakistan court restores changes to accountability laws, widely seen as blow to anti-graft efforts

In this file photo, taken on May 23, 2023, Pakistan’s frontier constabulary personnel stand guard at the entrance of National Accountability Bureau (NAB) court in Islamabad. (AFP/File)

• Sharif-led coalition government had passed the legislation in 2022 which was challenged in Supreme Court by ex-PM Imran Khan
• New ruling will benefit Khan in £190 million land bribe case and investigation involving illegal sale of state gifts while he was PM

ISLAMABAD: The Supreme Court of Pakistan on Friday restored amendments to the country’s anti-graft laws approved in 2022 and accepted the federal government’s appeal against another judgment by the top court last year in which it had struck down the changes passed by parliament.
The 16-page ruling released on Friday morning is being widely seen as a setback to holding public office holders and bureaucrats accountable for corruption and misuse of authority.
The National Accountability (Amendment) Act, 2022 limited the National Accountability Bureau’s (NAB) jurisdiction to cases involving corruption of over Rs500 million, reduced the term of the chairman of the bureau and prosecutor general to three years and transferred all pending inquiries, investigations and trials to other authorities. The amendments were passed by the then coalition government led by Prime Minister Shehbaz Sharif during his first term as PM from 2022-2023.
Imran Khan, who had at the time recently been ousted as prime minister through a vote of no-confidence in parliament, petitioned the top court against the amendments, claiming they were passed to benefit the influential, including top politicians, and would legitimize corruption in the country. In September last year, the Supreme Court, led by then Chief Justice Umar Ata Bandial, declared changes to the National Accountability Ordinance unlawful and ordered the restoration of corruption cases against public office holders that were withdrawn after amendments in the law came into effect.
The federal government led by PM Sharif and other parties filed intra-court appeals against the judgment, which were accepted by a five-member Supreme Court bench led by the current chief justice, Qazi Faez Isa. On Friday, the bench announced that it was restoring all the changes to the accountability law.
“We allow these appeals by setting aside the impugned judgment, and dismiss the petition,” the Supreme Court said, adding that Khan had failed to prove that amendments made to the accountability law were unconstitutional.
“We are also not persuaded by Mr. Niazi [Khan] and learned Senior Advocate Khawaja Haris Ahmed that the Amendments violated the Constitution,” the court said.
The judgment noted the amendments had not “criminalized any offense” and had “only changed what may be investigated by NAB itself and the forum of the criminal trial.”
“No person can be adversely affected with regard to such procedural changes,” the judgment said.
Interestingly, Khan, who has been in jail since August last year in a slew of cases, has become a direct beneficiary of the restored amendments as he can move the courts for his acquittal in at least two major corruption cases, namely a land bribe case involving a 190-million-pound bribe and an investigation involving the illegal sale of state gifts.
“Detailed verdict is awaited but in the light of short order, it’s safe to say new Toshakhana [state gifts] case against Imran Khan can no longer continue as it exceeds Rs500 million cap, making it ineffective, as per the new amendments,” Khan’s Pakistan Tehreek-e-Insaf party said in a statement to media. “It will also impact the £190 million case.”
PTI chairman Gohar Khan said the Toshakhana case stood closed today after the Supreme Court’s judgment as it no longer fell in the jurisdiction of NAB.
“The Al-Qadir trust case [land bribe case] will also be finished after these amendments as the cabinet has approved the £190 million [transfer to the Supreme Court account],” he said.
Imran Shafique, a former NAB prosecutor, said the government had “watered down” the anti-graft laws through the amendments and made the bureau “toothless.”
“The chapter of holding public office holders and bureaucrats accountable for their corruption and misuse of authority is practically closed now,” he told Arab News. “Also, NAB now cannot initiate action against the decisions taken by the federal cabinet.”