IMRAN AHMAD KHAN NIAZI versus FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Islamabad and another
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نیب ترامیم 2022 کالعدم قرار دینے کا سپریم کورٹ کا تفصیلی فیصلہ
اکثریتی فیصلہ چیف جسٹس پاکستان عمر عطا بندیال نے تحریر کیا ہے، جبکہ جسٹس
منصور علی شاہ نے اختلافی نوٹ تحریر کیا ہے۔
P L D 2024 Supreme Court 102
PLJ 2023 SC 665
IMRAN AHMAD KHAN NIAZI versus FEDERATION OF
PAKISTAN through Secretary, Law and Justice Division, Islamabad and another
Const. P. No. 21 of 2022 and C.M.A. 5029 of
2022.
(Under Article 184(3) for striking down the amendments made
through the National Accountability (Amendment) Act, 2022 and the National
Accountability (Second Amendment) Act, 2022 for being ultra vires to the
Constitution)
Conclusion.
.........
On the basis of the above discussion the Court holds:
i. The titled Constitution Petition is maintainable on
account of violating Articles 9 (security of person), 14 (inviolability of
dignity of man), 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.
ii. Section 3 of the Second Amendment pertaining to Section
5(o) of the NAB Ordinance that sets the minimum pecuniary threshold of the NAB
at Rs.500 million and Section 2 of the 2022 Amendments pertaining to Section 4
of the NAB Ordinance which limits the application of the NAB Ordinance by
creating exceptions for holders of public office are declared void ab initio
insofar as these concern the references filed against elected holders of public
office and references filed against persons in the service of Pakistan for the
offences noted in Section 9(a)(vi)-(xii) of the NAB Ordinance;
iii. Section 3 of the Second Amendment and Section 2 of the
2022 Amendments pertaining to Sections 5(o) and 4 of the NAB Ordinance are
declared to be valid for references filed against persons in the Service of
Pakistan for the offences listed in Section 9(a)(i)-(v) of the NAB Ordinance;
iv. The phrase ‘through corrupt and dishonest means’
inserted in Section 9(a)(v) of the NAB Ordinance along with its Explanation II
is struck down from the date of commencement of the First Amendment for
references filed against elected holders of public office. To this extent
Section 8 of the First Amendment is declared void;
v. Section 9(a)(v) of the NAB Ordinance, as amended by
Section 8 of the First Amendment, shall be retained for references filed
against persons in the service of Pakistan;
vi. Section 14 and Section 21(g) of the NAB Ordinance are
restored from the date of commencement of the First Amendment. Consequently,
Sections 10 and 14 of the First Amendment are declared void; and
vii. The second proviso to Section 25(b) of the NAB
Ordinance is declared to be invalid from the date of commencement of the Second
Amendment. Therefore, Section 14 of the Second Amendment is void to this
extent.
On account of our above findings, all orders passed by the
NAB and/or the Accountability Courts placing reliance on the above Sections are
declared null and void and of no legal effect. Therefore, all inquiries,
investigations and references which have been disposed of on the basis of the
struck down Sections are restored to their positions prior to the enactment of
the 2022 Amendments and shall be deemed to be pending before the relevant fora.
The NAB and all Accountability Courts are directed to proceed with the restored
proceedings in accordance with law. The NAB and/or all other fora shall
forthwith return the record of all such matters to the relevant fora and in any
event not later than seven days from today which shall be proceeded with in
accordance with law from the same stage these were at when the same were
disposed of/closed/returned.
