Federal and provincial governments file intra-court appeals; Supreme Court remarks Imran could not prove NAB amendments were unconstitutional

In Islamabad, after the Supreme Court recently restored amendments to the National Accountability Ordinance 1999, incarcerated PTI founder Imran Khan sought relief under these changes. Following his lead, Prime Minister Shehbaz Sharif and his son Hamza Shehbaz demanded the retransfer of the Ramazan Sugar Mills reference to the National Accountability Bureau (NAB) on Wednesday.

On September 6, the apex court accepted intra-court appeals filed against the September 15, 2023, majority judgment that had struck down the amendments to the National Accountability Ordinance. The court approved the appeals filed by the federal and provincial governments, noting that Imran Khan could not prove the amendments were unconstitutional.

During Wednesday’s hearing, the counsel for Shehbaz and Hamza argued that the reference against their clients was inadmissible following the Supreme Court’s verdict, asserting that the accountability court lacked jurisdiction to proceed with the case. In response, the judge instructed the lawyers to file an application for the transfer of the sugar mills reference to the anti-graft body, with a hearing on the application scheduled for October 1. Additionally, the court accepted Hamza Shehbaz’s plea for an exemption from personal appearance.

The National Accountability Bureau had filed a reference against Hamza and Shehbaz on February 18, 2019, alleging that the former Punjab chief minister misused his authority to construct a 10-km sludge carrier in district Chiniot to benefit the Ramzan Sugar Mills owned by his sons. The anti-corruption bureau claimed that the project caused a loss of Rs213 million to the national exchequer.

The reference was reopened in November 2023 after the amendments introduced by the coalition government of the Pakistan Democratic Movement (PDM) were struck down. Earlier, Imran Khan also sought acquittal from the £190 million case under the NAB amendments, which he had challenged. His lawyer argued in Rawalpindi’s Adiala jail that the case was no longer valid following the verdict, as all cabinet decisions are protected under the NAB amendments.

Analysis

Political

The recent developments surrounding the National Accountability Ordinance amendments have significant political ramifications. The Supreme Court’s decision to restore the amendments and the subsequent actions by Imran Khan, Shehbaz Sharif, and Hamza Shehbaz highlight the ongoing political manoeuvring in Pakistan. The federal and provincial governments’ intra-court appeals and the court’s remarks on the constitutionality of the amendments underscore the contentious nature of these legal changes. Politically, this situation reflects the deep divisions and power struggles within the country’s leadership.

Social

Socially, the case brings to light the public’s growing frustration with perceived corruption and the effectiveness of accountability mechanisms. The amendments to the National Accountability Ordinance and the subsequent legal battles have sparked debates about the integrity of political leaders and the judicial system. The public’s trust in these institutions is at stake, and the outcome of these cases could either restore or further erode confidence in the government’s commitment to transparency and accountability.

Racial

The implications of these legal proceedings also extend to racial and ethnic dynamics within Pakistan. The perception of selective accountability and justice can exacerbate existing tensions among different communities. Ensuring that the legal process is fair and impartial is crucial to maintaining social harmony and preventing further divisions along racial and ethnic lines.

Gender

Gender considerations are less prominent in this particular case, but the broader context of accountability and governance affects all citizens, including women. Ensuring that women have equal access to justice and are represented in legal and political processes is essential for a fair and inclusive society. The outcomes of high-profile cases like these can influence public perceptions of gender equity in governance and accountability.

Economical

Economically, the legal battles and the uncertainty surrounding the National Accountability Ordinance amendments can impact investor confidence and economic stability. The allegations of misuse of authority and financial losses in the Ramzan Sugar Mills case highlight the potential economic consequences of corruption. Ensuring that accountability mechanisms are effective and transparent is crucial for fostering a stable and attractive investment environment. The government’s ability to address these issues will play a significant role in shaping Pakistan’s economic future.