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National Accountability Bureau (NAB) updates

Asad Munir vindicated after death​

March 02, 2022



Asad Munir vindicated after death

KARACHI: Retired Brigadier Asad Munir, who committed suicide after being mercilessly persecuted by NAB, was finally acquitted of the allegations, three years after his death, under the Ehtesab Ordinance 2021.

The late army officer took his life on March 16, 2019, and left a letter pleading his innocence. Pleading the defence case for his client Hussain, Advocate Imran Shafiq said Accountability Court Judge Mohammad Azam Khan, while acquitting his client and those other accused, ruled the case as not fit for trial.
Advocate Shafiq said the CDA and other departments had thoroughly investigated the case and could not find any shred of evidence to prove that the deceased, Asad Munir, or any other accused Brig (retd) Nusratullah, Ghulam Sarwar Sidhu and Mohammad had committed any wrongdoing. Advocate Imran Shafiq had previously served as NAB prosecutor but quit the anti-graft organisation in 2019. The case came to the limelight when in 2018, NAB arrested CDA’s ex Member Planning Brig (retd) Nusratullah, ex-Director Ghulam Sarwar Sidhu and contractor Mohammad Hussain. They were accused of involvement in alleged corruption in allotting over 400 acres of land for shuttle service in the Diplomatic Enclave, Islamabad, to its contractor Mohammad Hussain. The shuttle service was planned as a security feature in the Diplomatic Enclave for those required to visit different embassies to acquire visas. Even then, the CDA had rejected the allegation and stated it follow all rules and procedures in allotment of the land. The NAB Rawalpindi was holding a parallel investigation with ex-CDA Chairman Kamran Lashari and ex-Member Planning Brig (retd) Asad Munir. Munir would be subjected to humiliating behaviour of the anti-graft organization who kept him handcuffed. Munir was a humble soul, who served in the Pakistan Army at different command and staff appointments besides heading ISI’s KPK sector.
Though he knew Justice Athar Minallah, who is the CJ of Islamabad High Court, as well as Supreme Court Justice Yahya Afridi, yet he never drew upon his connections during NAB’s interrogation. Subsequently, his name was put on ECL. Deeply disturbed and dejected by the needless humiliation for a crime he had not committed, he even then did not raise the issue with anyone, including his brother Col (retd) Khalid Munir. His misery and despair multiplied whenever he was repeatedly paraded handcuffed before the media, where once again he would be subjected to intense media reprimand and he would only say the situation was not acceptable to him.
Desperate with the hopeless situation, while pleading his innocence, in a letter to CJP Justice Asif Saeed Khosa on March 14, 2019, he wrote that he was being driven to take his own life. He only asked the CJP to see that no one else is meted out the humiliation that he was made to undergo. Driven by despair and anger at being gravely insulted, the very next morning, he hung himself.
Former CJP Asif Saeed Khosa asked NAB instead to submit a report. But to this day, the grief-stricken family who suffered from the torment does not know if the anti-graft organization even submitted any report.
Bereft with grief, his brother Col (retd) Khalid Munir couldn’t find words to phrase his response to the justice that was denied to his brother, or if it was delivered too late... But he did ask why his brother was defamed and maligned, and why Munir’s family had to suffer the agony and torment of miscarriage of justice. The saga doesn't end here, but continues for many others similarly charged for no crime of their own.



 
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is NAB any good? my mother has some property issue and we are not sure where to report it...already reported it on citizen portal in june 2021 but still no response from there...
 
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Recent NAB amendments appear to be ‘granting a grand amnesty’, says SC judge

Govt counsel urges court to seek details of acquittals after PTI’s NAB ordinances.

ISLAMABAD: The Supreme Court on Wednesday was urged to seek details of individuals acquitted in corruption cases and the references returned by the National Accountability Bureau (NAB) as a result of ordinances promulgated by the Pakistan Tehreek-i-Insaf (PTI) during its four-year tenure.

Makhdoom Ali Khan, who is representing the federal government in a petition against changes to NAB law made by the Pakistan Democratic Movement (PDM), said the apex court should also inquire how many references were returned as a result of legislation enacted by the former ruling party. Instead of asking how many parliamentarians were among 386 cases that were returned to NAB by courts following the recent tweaks, the court should seek information about the impact of PTI-made legislation.

Chief Justice Umar Ata Bandial asked NAB lawyer Mumtaz Yousaf to come up with a reply to the argument put forth by the counsel. Justice Bandial is heading a three-member bench that had taken up challenges to the August 2022 amendments to the NAB law by former prime minister Imran Khan.

The counsel said that NAB should answer how many applications the bureau received after the promulgation of five ordinances by the PTI government and how many acquittals were resultantly granted. The arguments came against the backdrop of Tuesday’s direction to NAB by the court to furnish details on relief parliamentarians obtained after the recent amendments to the NAB ordinance.

Justice Ahsan says recent amendments appear to be ‘granting a grand amnesty’
The NAB second amendment bill, which was passed by the National Assembly last year, was a combination of ordinances that were promulgated by the previous government. He added the PDM government did not move a fresh bill in this regard. He emphasised that acquittals did take place and references were returned under the ordinance brought by the previous government.

‘Wrong impression’

Justice Syed Mansoor Ali Shah observed that a wrong impression had been created that with the help of the amendments to the accountability law, the accused would get off scot-free. There are other forums and laws under which the accused could be tried for the offence they committed as they would still be held accountable under a different law.

Justice Ijazul Ahsan observed that what bothered him the most was that even if these references stayed in courts, the definition and the standard of proof in the accountability law had been lowered to such an extent that the question of conviction has become impossible.

“On the face of it, the amendment appears to be granting a grand amnesty,” observed Justice Ahsan. These amendments will wipe the slate clean and even if the accused faced a trial, it would be very difficult to hand out any conviction against him, he added. When the accountability court grants an acquittal, it becomes a final chapter since the entire law has been redefined by changing the goal post, observed Justice Ahsan.

The counsel contended that as per his experience, the observations of a judge were tentative in nature and that the bench was always open to persuasion through arguments. Justice Ahsan observed that his observations were “tentative in nature until the lawyers close their case and then he retires to his chamber and applies his mind to determine the case”.

The counsel argued that he would try to convince the court that there was more than one way to look at the laws or amendments. Until a serious unconstitutionality arose leading to controversy, a “defeated legislation” in parliament should not be transferred to the courts.

Justice Bandial observed that the validity of the law required finding “factual controversy” and questioned whether returning 386 references as a result of which trials against the accused become stalled not amounted to facts of the case.

Published in Dawn, January 19th, 2023
 
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In a major relief to Pakistan Peoples Party (PPP) Co-Chairperson and former president Asif Ali Zardari, an accountability court on Wednesday returned the Park Lane reference to the National Accountability Bureau (NAB).

Accountability court judge Rana Nasir Javed heard the arguments before reserving his judgment.

The judge declared that the reference exceeded the court's jurisdiction.

In the mega money laundering charges, the former president, his sister and several of their business associates were being probed as part of a 2015 case involving fake accounts and fictitious transactions.

The main reference in the Park Lane case accused Zardari of influencing relevant authorities during his tenure as the president – from 2008 to 2013 – to obtain loans for his front companies.

The former president allegedly received a loan of Rs1.5 billion released for Parthenon Private Limited “with ill intention”, and the money was later transferred for his personal use through fake bank accounts.

NAB accused the former president of causing the national exchequer a loss of Rs3.77 billion.

The anti-graft body later filed a supplementary reference against Zardari in the Park Lane case, accusing him of using fake documents to acquire a bank loan for a dummy corporation.
 
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Nawaz’s former principal secretary acquitted in assets case​

Lahore accountability court accepts pleas of Fawad Hassan Fawad and others against NAB reference

News Desk
February 02, 2023


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An accountability court in Lahore on Thursday acquitted Fawad Hasan Fawad, former principal secretary to deposed premier Nawaz Sharif, and others in assets beyond means case, Express News reported.

The National Accountability Bureau (NAB) in July 2018 arrested Fawad on charges of corruption in Ashiana-e-Iqbal Housing Scheme scam and three other projects.
The top anti-graft watchdog had accused Fawad of owning illegal assets worth billions of rupees.

During the hearing of the case today, the court accepted pleas of the accused and acquitted Fawad, his wife, brother and Dr Anjum Hassan in the case.

Fawad also served as secretary to former PM Shahid Khaqan Abbasi and was regarded as the most powerful bureaucrat during the last tenure of Pakistan Muslim League-Nawaz (PML-N) government.

In 2020, the Lahore High Court (LHC) granted bail to Fawad in the assets beyond means case.

The court had directed him to submit surety bonds worth Rs10 million to avail the bail.

An LHC division bench – comprising Justice Muhammad Tariq Abbasi and Justice Chaudhry Mushtaq Ahmad – heard the post-arrest bail petition filed by Fawad on January 21, 2020.

As the proceedings resumed, Fawad's counsel argued that the NAB arrested his client in 2018, but still he was not indicted in the case.

He submitted that it was claimed that at the time of arrest, Fawad owned assets worth billions of rupees, but only assets worth Rs108 million were mentioned in the NAB reference.
 
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The Government of Pakistan has appointed Lieutenant General (R) Nazir Ahmad, as the new Chairman, National Accountability Bureau (NAB),


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Mr. Nazir Ahmed Butt has earlier served as Corps Commander XI (Peshawar), Commandant Pakistan Military Academy (PMA), President of the National Defence University (NDU), Military Attaché to the United States and Military Secretary to Prime Minister Yusuf Raza Gillani.

The Retired Lieutenant General commanded the XI Corps (Peshawar) during the successful major counterinsurgency operation, Op Khyber.

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Blue eyed boy. Quite literally...


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NAB: Pakistan’s anti-graft agency that arrested Imran has wide powers

  • A look at its mandate, amendments, and controversy
Reuters

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Created by late General Pervez Musharraf and currently headed by a retired general, Pakistan’s powerful anti-graft agency that arrested former prime minister Imran Khan in a land fraud case has a mandate to end corruption in the country.

The National Accountability Bureau (NAB) has investigated, tried and jailed at various times all prime ministers since 2008 including current premier Shehbaz Sharif, former president Asif Ali Zardari, and other top political figures.

On Thursday, Pakistan’s Supreme Court said that the NAB’s arrest of Khan for graft was illegal. Below are some facts about the NAB and its working.

Launch

The NAB began operations in 1999 under a chairman who was a former army general.

It is headquartered in Islamabad, with regional offices in all major Pakistani cities.

Working

It is an autonomous body but analysts and politicians say that it has often been used to crack down on the opposition in the South Asian nation.

The agency denies any misuse of its powers. It has its own investigators, unbridled powers of arrest as well as prison cells to hold suspects.

The NAB has prosecutors and judges and runs its own courts, separate from the main judicial system.

Prime Minister Sharif was arrested by the agency and detained for several months in 2020 when he was an opposition leader in Khan’s parliament.

It investigates only public office holders and government officials as per law but there have been complaints by businessmen that they have also been investigated and tried.

Investigations and subsequent trials can take months, at times years, and suspects can be locked up during that period.

Mandate

The NAB’s mandate is to eliminate corruption through enforcement, prosecution, awareness and prevention, according to the law ministry, and establish a legal framework for the drive against corruption.

Controversial

The agency has been controversial since its inception, mainly due to its unbridled powers, and the stigma attached to anyone investigated even if they were cleared later.

While there is broad consensus that the country should be purged of corruption, analysts say the agency hasn’t had much success in that mission.

On the flip side, fear of an investigation by the NAB is so high that government officials have often dragged their feet in clearing projects.

Prosecutions, cases

According to NAB data, the agency has conducted 4,747 investigations until March this year, of which 3,538 were filed in court. The cases resulted in 1,190 convictions and 771 acquittals while others were in progress or dormant.

One hundred cases were withdrawn. Former prime minister Nawaz Sharif, the brother of the current prime minister, and his daughter Maryam Nawaz were convicted of corruption by the NAB court in 2018. Maryam Nawaz’s conviction was later overturned by a higher court.

Amendments

In March, politicians from across the spectrum barring Khan’s party joined hands to amend the law to limit the agency’s powers, such as holding a suspect for up to 90 days without recourse to bail.

The maximum period is now 14 days.

The agency must also complete a case within a year.

Khan’s party had opposed the move, saying Sharif’s coalition government was trying to make the agency a toothless body.
 
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Al Qadir Trust case: NAB seeks records of vehicles sold, purchased in name of 22 members of ex-PM Imran’s cabinet

Abdullah Momand
June 4, 2023

The National Accountability Bureau (NAB) has sought from the Punjab Excise and Taxation Department details of purchase and sale of vehicles “in the name of” 22 members of former prime minister Imran Khan’s cabinet as part of its investigation in the Al Qadir Trust case.

The Al Qadir Trust case alleges that the ex-premier and his wife, Bushra Bibi, obtained billions of rupees and land worth hundreds of kanals from Bahria Town Ltd for legalising Rs50 billion that was identified and returned to the country by the UK during the previous PTI government.

In connection with the case, NAB issued a letter to the provincial excise department, stating that the bureau’s Rawalpindi office was “conducting an investigation against the subject of persons on the allegations of corruption and corrupt practices under the provisions of the National Accountability Ordinance, 1999”.

“In view thereof, you are requested to provide the details/ copies of certified documents of any vehicles’ sales/purchase during the period of Jan 2018 till date in the name of the following persons by June 20, 2023” before the NAB’s combined investigation team in Islamabad, the letter, a copy of which is available with Dawn.com, read.

NAB has sought details about the sale or purchase of vehicles in the name of the following persons under Section 19 (power to call for information) of the NAB Ordinance.

Asad Umar
Shireen Mazari
Pervez Khattak
Fawad Chaudhry
Hammad Azhar
Azam Khan Swati
Sheikh Rashid Ahmad
Zaheeruddin Babar Awan
Omar Ayub Khan
Shafqat Mahmood
Faisal Vawda
Murad Saeed
Ali Amin Khan Gandapur
Syed Ali Haider Zaidi
Khusro Bakhtiar
Khalid Maqbool Siddiqui
Ghulam Sarwar Khan
Zubaida Jalal
Ijaz Ahmad Shah
Muhammad Farogh Naseem
Muhammad Soomro
Sahibzada Muhammad Mehboob Sultan
NAB spokesperson Kashif Zaman told Dawn.com that the letter was issued a few days ago but did not specify the exact date.

Previous developments in the case
The case shot into the spotlight when PTI chief Imran Khan was whisked away from the Islamabad High Court premises by paramilitary forces in the graft case on May 9.

His arrest sparked countrywide protest across the country, during which several public and private properties, including military installations, were vandalised.

The PTI chief had immediately approached the IHC for his release, but the high court had declared his arrest legal.

He had then approached the Supreme Court, which on May 11, termed his arrest “invalid and unlawful” and directed him to appear before the IHC the next day.

Subsequently, the IHC had granted him bail in the case for two weeks and later, an Islamabad accountability court had granted the former premier bail till June 19 against surety bonds worth Rs500,000.

NAB has also summoned Bushra Bibi for investigation in the Al Qadir Trust case on June 7.

Meanwhile, Fawad, who served as the information minister and science and technology minister during the previous PTI government and has recently left the party, has claimed he did not have any knowledge of the matter.

When questioned by the NAB, he said he had not seen an “agreement” being presented before the cabinet in a sealed envelope.

Similarly, Rashid — the Awami Muslim League chief who is also an ally of the PTI — has said he had not attended “that cabinet meeting”, where the Al-Qadir Trust case deal was approved.

Moreover, former federal minister Faisal Vawda has claimed that ex-Inter-Services Intelligence chief Faiz Hameed was the “architect” and the mastermind in the corruption case.

“My compulsion today was to tell the nation that when you say the beneficiary is Imran, […] the biggest is Faiz Hameed,” he had said while speaking to the media last month.
 
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SC judge deplores attribution of ‘malice’ to parliament

Nasir Iqbal
September 1, 2023

ISLAMABAD: The attribution of malice of “colourable exercise of jurisdiction” to parliament in amending NAB laws shakes the foundations of parliamentary democracy, Justice Syed Mansoor Ali Shah observed during a hearing on Thursday.

He was part of a three-judge bench which had taken up the challenges by former prime minister Imran Khan to the August 2022 amendments to the National Accountability Ordinance (NAO).

“We, the unelected 17 people (judges), can touch legislation made by representatives of 250 million only when it violates Article 8 of the Constitution, which bars enactments in derogation of fundamental rights,” Justice Shah observed.

He contested an impression that the Rs500 million threshold, which entitles the National Accountability Bureau (NAB) to take cognisance of corruption allegations, means that an accused who has committed corruption involving an amount below that limit would go scot-free. He can be tried by another forum, Justice Shah argued.

“When the parliament in its wisdom wants this to happen, how can we attribute any malice to parliament,” Justice Shah wondered.

Could the court put a clog on parliament if it concluded that the investigation had been very costly and to no avail, the judge added.

But Khawaja Haris Ahmed, the counsel for Imran Khan, contended it would amount to a colourable exercise of jurisdiction, adding this court could put a clog on parliament since corruption affects fundamental rights, especially when the apex court in the past had taken cognisance under Article 184 (3) of the Constitution on the wastage of public money.

“You want to say that colourable exercise is when the accused gets exonerated because of amendments to the NAB law,” observed Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial.

The CJP asked the petitioner’s counsel to cite judgements in which the phrase “colourable exercise of jurisdiction” has been used.

Fundamental rights the key

Justice Ijazul Ahsan observed that the Supreme Court could examine and strike down laws on the touchstone of “colourable exercise of jurisdiction” by parliament if it affects fundamental rights.

“The ingredient still is the fundamental right and this is exactly what we are trying to search for the last many hearings in the petition challenging the amendments in NAB laws,” Justice Shah observed.

The effect of setting the threshold of Rs500m in the NAB law is that the provision of plea bargain has become redundant since an accused who enters into plea bargain, instead of paying the settled instalments, will now try to contest the case in an accountability court where NAB would argue the case was not in their jurisdiction, the counsel contended.

The CJP said the 2022 amendments had put the entire investigation against an accused for committing corruption in limbo since the new law did not provide any mechanism to transfer the reference or assigning it to any other forum. “This is a major omission.”

The CJP observed the entire system grinds to a halt if the administrative machinery suffers from a lack of timely decision-making. This is the reason why many public sector organisations, for example the Pakistan International Airlines, or the electricity distribution network., are running losses, Justice Bandial added. In Karachi the authorities have tried to address the issue of line losses, the CJP said.

Senior counsel Makhdoom Ali Khan contended on behalf of the government that the major reason for line losses was the “Kunda” system (electricity theft).

The counsel contended that load-shedding was confined to areas where electricity bills were not paid, but when the K-Electric tried to enforce this decision, the Supreme Court restrained the utility from doing so.

Now laws are enforced on affluent areas where the consumer has the capacity to pay bills, but no law is enforced where no bills are paid as the administration feels a law and order situation might ensue, the counsel said.

Referring to the Rs500m threshold, the counsel recalled the court judgments in which NAB was asked to focus on mega corruption, adding the criteria of Rs500 million was not irrational.

The Supreme Court may consider these amendments as dilution of penalties, but for some it may be rationalisation of the law. “Change in a law is not unconstitutional,” he added.

The case will be taken up again on Friday.
 
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NAB moves to revive graft cases​

Files application at accountability court to reopen high-profile cases against Nawaz, Zardari, others

Fiaz Mahmood
September 21, 2023


ppp argues not approving bill is against spirit of constitution photo national accountability bureau

PPP argues not approving bill is against spirit of Constitution. PHOTO: NATIONAL ACCOUNTABILITY BUREAU

ISLAMABAD:
To comply with the Supreme Court’s order of striking down some sections of the amendments made to the National Accountability Ordinance (NAO) of 1999 by the previous government, the National Accountability Bureau (NAB) has decided to revive over 81 corruption cases involving prominent politicians, including Nawaz Sharif, Asif Zardari, and others.

The anti-graft body on Wednesday filed an application at the Islamabad accountability court to reopen the corruption cases.

A copy of the Supreme Court judgment calling for restoration of the cases against public office holders was attached with the plea.

In the judgment, a three-member bench, comprising the then chief justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Mansoor Ali Shah gave details of the number of cases and the total amount of money involved in the cases.

The judgment came with a 2-1 majority, as Justice Shah wrote the note of dissent.

The apex court’s decision on PTI chief Imran Khan’s plea, challenging the amendments to the law, opened floodgates for many as the NAB’s report submitted before the court had named the leaders of almost all major political parties, who benefited from the law tweaks.

As a result of the 2022 amendments, a large number of references filed by NAB in accountability courts were affected.

The data, as provided by the additional prosecutor general of NAB, revealed that 386 references were returned by the accountability courts to NAB in 2022, whereas 212 in 2023. Therefore, it added, a total of 598 references had been returned so far.

The beneficiaries among others included caretaker Prime Minister Anwaarul Haq Kakar, former prime minister Nawaz, former president Zardari, Maulana Fazlur Rehman, Maryam Nawaz, Faryal Talpur, Ishaq Dar, Khawaja Asif, Khawaja Saad Rafique, Rana Sanaullah, Javed Lateef, Makhdoom Khusro Bakhtiar, Amir Mehmood Kayani, Akram Durrani, Saleem Mandviwalla, Noor Alam Khan, Nawab Aslam Riasani, Dr Abdul Malik Baloch, Nawab Sanaullah Zehri, Barjees Tahir, Nawab Ali Wasan, Sharjeel Inam Memom, Liaqat Jatoi, Amir Maqam, Gohram Bugti, Jaffer Khan Mandokhel and G-B Governor Syed Mehdi Shah.

A source revealed that the records of the cases would be presented in court on Thursday (today), where they would be closely examined.

The decision was taken in a top-level meeting in NAB to discuss the implementation of the top court’s decision.

During the meeting, it was decided that all cases that had previously been transferred or returned to other courts due to the NAB amendment would be resubmitted to the accountability courts.

To expedite the process, legal steps would be taken to ensure an early hearing of these cases.
Prosecution directorates across the country had been directed to take immediate action.

The meeting also resolved that all documents related to the ongoing cases in the accountability courts of Islamabad would be compiled according to the pre-NAB amendment regulations.
Moreover, cases that had been transferred to other courts would be redirected to the Islamabad Accountability Court for rehearing in the coming days.

As a result of this decision, a case against Dar for possessing assets beyond his known sources of income would also be reopened. The NAB sources further revealed that the fake accounts cases against Zardari had also been reinstated.

Additionally, the rental power case against former National Assembly speaker Raja Pervez Ashraf would also be reopened.

The notorious Toshakhana vehicle case involving Nawaz, Zardari, and Yousaf Raza Gillani was also on the list of cases to be re-examined.

Cases in limbo at NAB Lahore

However, despite the apex court’s clear instructions to strike down accountability amendments and send important cases to the accountability courts, the cases of the NAB Lahore continued to remain pending.

One of the important cases that had yet to reach the court was the Ramzan Sugar Mills reference, which involved former prime minister Shehbaz Sharif and his son, Hamza Shehbaz. Despite the court's orders, the case remained in limbo.

Similarly, the Paragon reference against former minister Khawaja Saad Rafiq and his brother, Salman Rafiq, had not been sent to the court.

Further, the reference pertaining to illegal contracts of mineral reserves in Chiniot, involving Punjab Assembly Speaker Sibtain Khan and others, was supposed to be restored, but it still awaited its day in court
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Another case that awaited restoration was the reference of illegal recruitment in Punjab University, in which former vice chancellor Dr Mujahid Kamran and others were involved.
The Punjab Youth Festival reference against former DG Sports Usman Anwar was yet to be revived, as per the SC’s orders.
 
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Army officers, judges ‘fully liable’ under NAB laws:

Haseeb Bhatti
October 30, 2023

Supreme Court’s Justice Mansoor Ali Shah on Monday observed that members of the armed forces and judges of constitutional courts were “fully liable” under accountability laws.

He made this observation in a dissenting note for the apex court’s September 15 verdict wherein it struck down changes to the accountability laws and ordered the restoration of corruption cases against public office holders.
A three-member bench comprising then-chief justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Shah had announced the verdict on PTI Chairman Imran Khan’s 2022 petition challenging amendments made to the National Accountability Bureau’s (NAB) laws.

Justice Bandial and Justice Ahsan had declared Imran’s plea to be maintainable while Justice Shah had disagreed with the majority verdict, saying that not just the corruption cases but inquiries and investigations should also be restored.
In the hearings towards the end of the case proceedings, Justice Shah had repeatedly urged for a full court to hear the case, citing the then-frozen Supreme Court (Practice and Procedure) law.
 
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