ISLAMABAD: As the Supreme Court on Thursday resumed the hearing of several intra-judicial appeals against the repeal of the National Accountability Bureau (NAB) Act, Chief Justice of Pakistan Qazi Faez Isa said that the government of former Prime Minister Imran Khan was also present. he just wants politicians to be held accountable.
CJP Isa presided over a five-judge bench comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Hasan Azhar Rizvi.
Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan joined the proceedings through a video link from Rawalpindi’s Adiala Jail. The request to appear in person is still pending in the high court.
The hearing is on June 6
Advocate Farooq H. Naik appeared on the bench and said that he had prepared his written submissions. Justice Mansoor Ali supported Shah’s record.
CJP Isa asked whether he accepted the arguments of former Attorney General of Pakistan Mahdom Ali Khan on the issue. Naik said his own arguments.
Khawaja Haris made an argument
Khawaja Haris took the stand and presented his case as an accused.
The Chief Justice asked Harris to tell the court which fundamental rights are affected by the NAB amendment.
He said that he has detailed the violation of fundamental rights in the main case and that the NAB amendment is contrary to Articles 9, 14, 25 and 24 of the constitution.
Haris said the NAB Act was promulgated by retired General Pervez Musharraf in 1999 and earlier there was a similar act of accountability under Nawaz Sharif.
At this point, Chief Justice Pervez Musharraf said that NAB’s objective was to remove corrupt politicians from the system, and the same was done at the request of the PTI founder.
The lawyer said no politician was named in the petition, which said the apex court said the PTI founder government only wanted politicians to be held accountable.
The CJP further said that the NAB Act does not apply to the judiciary and certain institutions or individuals, but no amendment has been made in this regard. “Councils can make laws.”
Khawaja Haris said that major political parties had formed the government between 1999 and 2018, but no political party had made such an amendment to the NAB rules.
JJP pointed out that other political groups are not parties as the amendment was welcomed by PTI. “We will ask them about it.”
Violation of fundamental rights
Advocate Harris said that the NAB amendment was challenged by specific references.
He said that corruption affects the basic rights of the people and theft of public funds violates basic rights. He further said that the NAB Act applies to the owners of public institutions and not to politicians.
At this point, Justice Jamal Mandokhail asked, “How much public control is there in NAB’s actions?” asked.
“My understanding is that any citizen can file a complaint; it is up to NAB to determine whether corruption has occurred or not,” he said.
Chief Justice Khawaja asked Haris if they only want political responsibility, he replied not against NAB Resolution 1999 but NAB 2022 amendment.
“I will give evidence that the application will be accepted; the central application will be accepted in the Supreme Court,” he said.
At this point, Justice Athar Minallah asked, “What fundamental rights have been affected by the NAB amendment? Do you have full confidence in the NAB?” asked.
Khawaja Haris said that he will prove the minority opinion wrong.
Do you support NAB’s anti-corruption activities under $500 million? Is NAB’s arrest method correct?”
The attorney said many of the terms were appropriate, but he was not satisfied with a 90-day jail sentence or jail time. “There is no easy change,” he said.
limited access
In this matter, Justice Athar Minallah asked that the power of NAB is only for elected government officials and why NAB is not empowered to non-elected government officials.
The lawyer said, the officials appointed by the people’s representatives are civil servants, the decisions made by the people’s representatives and the bureaucracy are implemented.t.”
Justice Athar Minallah said that the Supreme Court has declared that those who carry out illegal orders will be held accountable.
