Musharraf Dismissed Constitution, Used NAB for Political Agenda, SC Restores Amendments

Supreme Court of Pakistan has overturned the previous annulment of the National Accountability Bureau (NAB) amendments, reinstating them in a detailed 16-page judgment authored by Chief Justice Qazi Faez Isa. The court’s decision comes after the government filed an intra-court appeal challenging the earlier ruling of a two-member bench.

The judgment delves into the history of the NAB law, tracing its origins to former army chief General Pervez Musharraf, who enacted it just 34 days after seizing power by force. The court observed that Musharraf dismissed the democratic constitutional system, using the NAB law as a tool for political purposes rather than its intended function of curbing corruption.

Chief Justice Isa’s judgment noted that the law was frequently used for political revenge and engineering, particularly against politicians opposing Musharraf’s rule. The decision also recalled how judges who opposed Musharraf’s unconstitutional actions were removed from the judiciary.

In an additional note, Justice Athar Minallah concurred with the Chief Justice’s findings, emphasizing that the judiciary should not interfere with legislative matters unless absolutely necessary. He also clarified that no exemptions from NAB laws should apply to judges or military personnel, highlighting that accountability must be equal for all.

Furthermore, the court’s ruling pointed out that Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan had initiated some of the NAB amendments himself, calling into question the merit of PTI’s petition challenging the changes. The court reiterated that the amendments were not unconstitutional, and legislation should not be struck down unless it is clearly in violation of constitutional principles.