Islamabad High Court Reinstates 10-Year Disqualification for NAB Convicts
ISLAMABAD, Jan 04: The Islamabad High Court, comprising Justice Mohsin Akhtar Kayani and Justice Taman Rifat Imtiaz on Thursday overturned NAB's decision to reduce the 10-year disqualification period for convicts to five years. The court heard the appeal filed by the National Accountability Bureau, challenging the reduction.
Senior Special Prosecutor for NAB, Mohammad Rafi, argued that Faiq Ali Jamali's sentence had been upheld by the Supreme Court, emphasizing that under NAB law, disqualification should span 10 years. Justice Kayani inquired about the scope of disqualification under Article 63 1H, clarifying whether it applies solely to the Majlis Shura and not the Provincial Assembly. The NAB prosecutor affirmed that disqualification under this article is not applicable to the Provincial Assembly.
The NAB prosecutor further contended that the disqualification period commences post-release from jail. Faiq Jamali, facing a 10-year disqualification, had his sentence upheld by the Supreme Court.
Justice Kayani emphasized that the dispute isn't about the sentence but rather about the potential variance between subsidiary legislation and constitutional interpretation. The NAB Prosecutor argued that Article 63 1H of the Constitution is general, while the NAB Ordinance, being a special law, mandates a 10-year disqualification.
In a significant turn, the division bench suspended the single bench's decision, which had initially reduced the disqualification period to five years. Justices Kayani and Imtiaz issued a restraining order, prompting the issuance of a notice to the Attorney General by the Islamabad High Court.
