Justice Mansoor Ali Shah issues note in NAB amendments case

• Says that an eight-member bench has temporarily suspended the bill.
• Urges that 184/3 cases should not proceed until a decision is reached the bill.
• Desires to allow parties the chance to validate the legality of the bench.

Justice Mansoor Ali Shah has issued a note in the ongoing NAB amendments case, shedding light on important aspects.

The notes states that according to the Practice and Procedure Act, a three-member Committee is authorized to establish Benches.

Notably, even before the May 16 hearing, the Chief Justice had been made aware of concerns regarding the bench. While the future date for the Practice and Procedure Bill remains uncertain, the NAB amendment case has already been scheduled, the notes mentions.

Further reveals a desire to allow parties the chance to validate the legality of the Bench stating that the option of delivering a judgment on the Practice and Procedure Bill, or alternatively, forming a bench from the Full Court, is under consideration.

It’s important to note that the Practice and Procedure Law is applicable to all pending 184/3 cases.

The notes says that an eight-member bench has temporarily suspended the Practice and Procedure Bill, with the suspension order being of interim nature.

Added that if the law is eventually confirmed as valid, its enforcement will begin from the enactment date and not the judicial decision date.

In the event that the practice and procedure is upheld as constitutional, the bench responsible for the NAB case could be considered legally problematic, the note mentions.

Justice Mansoor Ali Shah’s opinion is that 184/3 cases should not proceed until a decision is reached regarding the Practice and Procedure Bill.