The Supreme Court of Pakistan on Friday restored amendments to the anti-graft laws, which were previously struck down in its judgment delivered on September 15, 2023. The reversal came followed an appeal by the federal government of Pakistan against the earlier judgment.

The Supreme Court of Pakistan ruled in favor of the appeals, overturning the prior decision that had struck down amendments to the National Accountability Ordinance (‘NAO’). Enacted in 1999, the NAO is a legal framework in Pakistan to combat corruption and ensure accountability for financial and administrative misconduct.

In its ruling, the court concluded that the amendments did not infringe on fundamental rights, as had been argued in the petition. It also emphasized the importance of maintaining the separation of powers, asserting that the judiciary must respect the legislature’s authority in law-making unless there is a clear constitutional violation. The judgment reaffirmed the principle that courts should not interfere with legislative amendments unless they directly conflict with the Constitution.

Justice Athar Minallah agreed with the decision to overturn the earlier ruling but differed in his reasoning, particularly regarding the maintainability of the Federation’s appeal. He contended that the appeal was not competent under the Supreme Court (Practice and Procedure) Act, 2023. However, he found the appeals by private parties to be valid and upheld them.

The earlier judgment from September 15 had addressed amendments to the NAO made through the National Accountability (Amendment) Acts of 2023. Former prime minister of Pakistan Imran Khan, the petitioner, challenged these amendments, claiming they decriminalized corruption for public office holders by exempting them from NAO’s jurisdiction unless they have proven to have financially benefited. The court reviewed the amendments, noting significant changes, such as limiting NAO’s scope to cases involving losses of PKR 500 million or more. The court, in its previous ruling, held the petition maintainable, recognizing that the amendments potentially violated the fundamental rights of citizens by undermining accountability for corruption.

Pakistan ranks 133 out of 180 countries in the 2023 Corruption Perceptions Index published by Transparency International. It scores 29 out of the total possible score of 100.