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Govt’s appeal challenging NAB law amendments being heard in SC

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This is the first intra-court appeal filed after implementation of SC (Practice and Procedure) Act 2023.

  • Appeal filed under SC law’s Section 5 against apex court’s order.
  • Parliament was competent to legislate, govt contends.
  • PTI chief had challenged NAB amendments last year.

ISLAMABAD: A five-member bench of the Supreme Court Tuesday is hearing the federal government’s intra-court appeal against the National Accountability Bureau’s (NAB) law amendments verdict.

This is the first intra-court appeal filed following the implementation of the Supreme Court (Practice and Procedure) Act 2023. Chief Justice Qazi Faez Isa will be heading the bench, while Justice Amin-Ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Hasan Azhar Rizvi are also included in it.

It should be noted that Pakistan Tehreek-e-Insaf Chairman Imran Khan had challenged NAB amendments in 2022.

A three-member bench — headed by former chief justice Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Syed Mansoor Ali Shah — had conducted more than 50 hearings in the case, declaring the first and second NAB amendments in 2022 null and void on September 15 by a majority of 2-1.

The verdict restored the corruption cases against the public office-holders after striking down some of the amendments made by the Pakistan Democratic Movement (PDM) government to the National Accountability Ordinance (NAO) 1999, declaring it against the rights pertaining to the public interest enshrined in the Constitution.

Subsequently, the federal government filed an appeal under Section 5 of the SC law against the apex court’s order.

The top court also issued notices to lawyers.

The government had contended that by setting aside the law passed by parliament and making amendments to the NAB law, the apex court had crossed its powers.

It was further contended that parliament was competent to legislate adding that it had enacted a law making amendments to the NAB law.

“If a legislation is repugnant to the fundamental rights of citizens, then the court can set it aside,” it contended but added that the amendments made to the NAB law did not affect the fundamental rights of citizens.

After the verdict, the NAB reopened cases against political bigwigs including the former prime ministers.

Last year in June, Pakistan Tehreek-e-Insaf Chairman Imran Khan had filed a petition in the apex court under Article 184(3) of the Constitution praying for annulling the amendments for being “ultra vires to the Constitution”.

The amendments made to the NAB law were struck down by the court including the one which limited the NAB jurisdiction to cases involving over Rs500 million and one which allowed the accused to claim the amount of plea bargain deposited after being acquitted.

The judgment authored by former CJP Bandial declared the petition of Imran Khan as maintainable on account of violating Articles 9, 14, 24 (protection of property rights) and 25 (equality of citizens) of the Constitution and for affecting the public at large because the unlawful diversion of state resources from public development projects to private use leads to poverty, declining quality of life and injustice.

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The PPP requests the image of Zulfiqar Ali Bhutto on currency notes.

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The resolution was passed during a seminar named ‘Bhutto Reference and History’, which focused on Zulfiqar Ali Bhutto.

The resolution praised the Supreme Court’s admission that the PPP founder’s trial, which resulted in his execution, was unfair and urged that the federal government confer on him the title of “Quaid-e-Awam” (Leader of the People) and the highest civilian honor, Nishan-e-Pakistan.

Aside from demanding that Bhutto’s image be used on currency notes, the resolution also asked for the construction of a fitting monument in his honor and the designation of his mausoleum as a national shrine.

Furthermore, it demands for the reversal of Bhutto’s unjust death sentence and the creation of a “Zulfiqar Ali Bhutto Award” for democracy activists who have given their lives for the cause.

In March, the National Assembly passed a resolution characterizing Zulfiqar Ali Bhutto’s trial as judicial murder.

The Supreme Court released its reserved opinion on the presidential reference against the ‘controversial’ death sentence imposed on PPP founder, stating that the former prime minister was denied a “fair trial”.

A nine-judge court led by Chief Justice of Pakistan (CJP) Qazi Faez Isa revealed its decision on the long-pending presidential reference to determine if it can reconsider its verdict, which the PPP and jurists perceive as a historic error.

Zulfikar Ali Bhutto was sentenced to death under former military dictator General (retired) Ziaul Haq’s administration.

The first elected prime minister of the country was charged with the murder of a political competitor, Nawab Mohammed Ahmed Qasuri, and a trial was held.

Bhutto was executed on April 4, 1979, despite requests and appeals for leniency and pity from various heads of state.

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The ‘clinics on wheels’ initiative is introduced by CM Maryam.

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Punjab is heading toward progress and prosperity, according to Chief Minister Maryam Nawaz.

Speaking at the ‘clinics on wheels’ project celebration, the chief minister emphasized how this project will improve public health and change the health system.

She emphasized that all of the essential medical facilities were included in the Clinics on Wheels scheme. There would be multiple locations for the 200 mobile clinics. Gynecology services, screenings, immunizations, and medical testing will all be offered at the clinics.

There will be ultrasound equipment available at 50 of the 200 mobile clinic locations. Up to 4 million people will be helped by this endeavor, especially in places without hospital services.

First choice for local physicians to volunteer for this project will be granted to those from 36 districts. Consideration is also being given to the lack of paramedical and nursing personnel.

The project, which was started by Nawaz Sharif and put on hold by the previous administration, is being restarted, according to the chief minister. According to her, her government’s goal is to deliver healthcare right to people’s doors.

Additionally, she revealed that eight districts in Punjab would have the construction of modern cardiology hospitals.

With Provincial Health Minister Khawaja Salman Rafiq, Imran Nazir, and Health Secretary Ali Khan in attendance, CM Maryam officially launched the clinics on wheels project.

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Governor-rule attempt that is intolerable: Gandapur

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Chief Minister Ali Amin Gandapur of KP denounced the incident on May 9 and promised that those in charge will face national scrutiny.

While eight FIRs have been filed against him in eight different districts, Gandapur stressed that none of the accusations have been validated.

Proving he was going nowhere without a fight, Gandapur issued a warning against tampering with democracy.

Any attempt to obstruct progress will be greeted with strong resistance, he warned, so avoid using disruptive tactics.

Gandapur declared, “We will seize the governor’s mansion and I will not keep quiet about the chief minister’s seat if governor law is imposed.”

With the media there to ensure transparency, the Chief Minister boldly challenged his predecessor, Pervez Khattak, to participate in a public discussion in the Kaaba.

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