Sunday, August 11, 2024

Amendment of the NAB Act and Supreme Court

 

Shahbaz Sharif benefited the most from NAB amendments, Anwar-ul-Haq Kakar also benefited

All parties benefit from NAB amendments, far-reaching effects of the decision on politics  



  After 53 hearings, the Supreme Court reserved its decision on former Prime Minister Imran Khan's petition challenging the amendment of the NAB Act. Chief Justice Bandyal has consistently had an opinion about the financial integrity of political leaders. He has delivered several judgments in this regard throughout his career as a judge of the Supreme Court. Recently, he struck down the Review of Judgments and Orders Act, 2023.

      Political analysts believe that if the Supreme Court annuls the NAB amendments, the cases against the political leaders will start again. It will also be a victory for PTI chairman's corruption narrative against rival political parties. It will be interesting to see if Chief Justice Bandyal will confirm the legislative competence of the Parliament or strengthen the powerful circles that have controlled the Musharraf era. Always used NAB for political engineering.

     During the hearing, Justice Mansoor Ali Shah asked the petitioner's lawyer why this law of NAB is not applicable to judges and generals. Isn't this a violation of Article 25 of the Constitution? Are they also convinced that how the amendments are violating the fundamental rights of citizens?

      On the other hand, both Chief Justice Bandyal and Justice Ijazul Hassan expressed surprise that whether Parliament can change the nature of the crime by amending the NAB Act. Both judges expressed concern that the amendment act has been applied retrospectively.

      Both judges are also expressing concern over the new definition of benami in the amended law. They are also questioning the amendment which purportedly nullifies the admissibility of documents and evidence obtained from foreign governments as mutual legal assistance and which are subject to ongoing NAB inquiries. , has been relied upon in investigations and trials.

     Senior lawyers say that the matter may be sent back to Parliament for reconsideration with some amendments. They are wondering what will be the future of those who have already benefited from the amendments after the implementation of the law. No stay was given on the amendments in the NAB law.

     According to the report, former Prime Minister Shehbaz Sharif benefited the most from the amendments among other leaders of all major political parties. Even senior federal ministers in the PDM government benefited from it.

     Among the leaders are Mian Nawaz Sharif, Asif Ali Zardari, Maulana Fazlur Rehman, Maryam Nawaz, Faryal Talpur, Ishaq Dar, Khwaja Muhammad Asif, Khwaja Saad Rafiq, Rana Sanaullah, Javed Latif, Makhdoom Khusro Bakhtiar, Aamir Mehmood Kayani, Akram Durrani. Salim Mandviwala, Noor Alam Khan, Nawab Aslam Raisani, Dr. Abdul Malik Baloch, Nawab Sanaullah Zehri, Burjees Tahir, Nawab Ali Wasan, Sharjeel Inam Memon, Anwarul Haq Kakar, Liaqat Jatoi, Amir Maqam, Goram Bugti, Jafar Khan Mandukhel, Governor G. B Syed Mehdi Shah is included.

     NAB while giving the details of Shehbaz Sharif's cases informed the Supreme Court that the case related to the illegal allotment of 1400 kanals of government land near Lal Sohanra National Park will also be affected by the recent amendment as the amount involved in this case is less than Rs 500 million. Is.

     Similarly, another case related to abuse of power against the former prime minister and others will also be affected as the amount involved in this alleged scandal is less than Rs.500. Third, the inquiry against Shahbaz Sharif and others regarding the illegal use of the Prime Minister's aircraft from 2014 to 2018 will also be affected.

     Besides, the investigation against former Finance Minister Ishaq Dar for illegal appointment of CEO of ZTBL in violation of Nationalization Act 1974 will be affected. The inquiry against the former Federal Minister of Railways will also be closed.

     The inquiry against PTI leader Shaukat Ali Yousafzai for alleged misuse of powers as Information Minister in Khyber Pakhtunkhwa will also be affected as the amount involved in the scandal is less than Rs 500 million. The inquiry against former health minister Aamir Kayani regarding abuse of power, dishonesty and obtaining financial benefits through illegal means while framing the drug pricing policy will also be affected.

     Asset collection inquiry against former PTI Federal Minister Khusro Bakhtiar, Makhdoom Hashim Jawan Bakht and other family members will be affected. The disproportionate assets inquiry against PPP Co-Chairman Asif Ali Zardari and his sister Faryal Talpur will be affected under Section 4(2a) of the National Accountability Act, 2022.

     The inquiry against Maulana Fazlur Rehman will be closed as the property in the name of the accused in the case is nominal and in the light of the new amendment act it is very difficult to connect benamidars. The inquiry against former Defense Minister Khawaja Asif for the approval of Kent Housing Society and the allegation of acquiring land of private individuals and cheating people will be affected.

     The inquiry against Chaudhry Sugar Mills, owned by the Sharif family including Nawaz Sharif and Maryam Nawaz, will also be affected. The inquiry against former Home Minister Rana Sanaullah for disproportionate assets, illegal assets of Rs 95 million in the name of unnamed persons and illegal profits of Rs 100 million will be affected.

    In view of the recent amendments in the NAB law, a total of six cases against Nawaz Sharif will be affected. The inquiry against Syed Adil Geelani, chairman of Transparency International of Pakistan, will also be affected.

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