The Supreme Court’s verdict in the NAB law case, overturning the amendments, made by Parliament, did not come as a surprise. Unfortunately, the lack of surprise was not due to the fact that the amendments seemed wonky, or because brilliant advocacy had shown that the amendments were defective, but because the Supreme Court bench hearing the case was widely expected to make the decision it did, because the petition had been moved by PTI chief Imran Khan. This decision, which was made by a 2-1 decision with the learned Chief Justice, Mr Umar Ata Bandial, and Mr Justice Ejazul Ahsan on on side, and Mr Justice Mansoor Ali Shah on the other, does nothing to buck the trend in the Bandial Court, where benches are thought by critics as being composed to ensure that verdicts go the PTI’s way. MrJusttice Shah has written a dissenting note, but his demand that the Supreme Court decide the power of appointing benches was not met.
Of those affected by the verdict, members of the previous PDM coalition are liable to having their cases reopened, even to re-arrest, including former Prime Minister Shehbaz Sharif and his son Hamza. How far NAB will be used to hound them is to be seen, but it does restore NAB to a tool of political persecution in the hands of the government, as it had always been ever since it was founded under the Musharraf Martial Law. It is something of a hollow victory for the PTI, however, as the verdict leaves Mr Khan behind bars, no matter how much satisfaction he may derive from its being delivered in his favour. One downside for him personally is that as there are NAB inquiries against him, most notably in connection with the £190 million given to property tycoon Malik Riaz, and the sale of watches received as gifts, where his remand would now extend for 90 days. PML(N) leader Muhammad Zubair said that party Supremo Mian Nawaz Sharif would return to Pakistan despite the verdit, but this did not still speculation that he might postpone his announced return on October 21.
The verdict must be counted as a blow in the struggle between the judiciary and Parliament, for the law was passed by Parliament, and was meant to reduce the power of the Executive to engage in political persecution. There are a number of other pieces of legislation, which are expected to be struck down, not because they are contrary to the law and the Constitution, but because of political motivation.
