
In a recent Supreme Court hearing in Islamabad, the Chief Justice of Pakistan raised concerns about the amendments made to the National Accountability Bureau (NAB) regulations in July. The hearing pertained to NAB’s appeal against the requirement to inform Javed Latif, a leader of the League, prior to his arrest. During the session, the NAB prosecutor argued that informing the accused before arrest goes against the law.
The Chief Justice pointed out that Javed Latif’s case was still at the inquiry stage, and therefore, no arrest should have been made. The NAB prosecutor countered that the amendment on July 3, 2023, allows for arrests even during the inquiry phase. In response, Chief Justice Umar Atta Bandyal expressed doubt about the validity of the July NAB amendment, suggesting that it conflicts with court decisions.
The Chief Justice questioned the logic of putting a person under questioning in jail. He recalled that the NAB Act was quite severe until 2001 and acknowledged the positive aspects of recent amendments, such as reducing the remand period and granting bail.
Justice Athar Manullah highlighted the importance of interpreting the NAB law within the framework of court decisions and the constitution.
Subsequently, the court rejected NAB’s appeal against the requirement to inform the accused before arrest. The court emphasized that the High Court’s order predates the July 3 amendment. NAB Prosecutor Rizwan Sati argued that the amendment should be applied retrospectively, to which the Chief Justice essentially brushed off the discussion.