ISLAMABAD: The Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) said handling of cases by the NAB, over the years, for "political victimization" has lowered the image of the anti-graft body, which has become a "tool" for arm twisting of political opponents of the government of the day.
In a statement issued by the Council's secretary on Wednesday, PBC vice-chief Abid Saqi and SCBA President Syed Qalb-i-Hassan strongly commended and appreciated the Supreme Court judgment, authored by Justice Maqbool Baqir, on "Paragon Housing Society Corruption Case" and termed it one of the landmark verdicts of the apex court in the history of Pakistan.
The bar leaders said the judgment touched upon the importance of human dignity, significance of fundamental rights of citizens and respect for the rule of law and supremacy of the Constitution, while dispensing justice, will not only always be a source of strength for the independent judiciary but would also provide guidance to the judges as well as members of the bar.
"The findings and remarks of the Supreme Court, as per the verdict against the NAB, amply reflect the bias of the NAB in handling cases to the utter disregard of basic principles of dispensation of justice and fundamental rights guaranteed by the Constitution.
"The worthy judges have elaborately observed about the lack of professionalism, expertise and sincerity of purpose that the conviction rate in the NAB cases is abysmally low, which certainly is not serving the national interest rather causing irretrievable harm to the country, nation and society in multiple ways.
"The verdict also explains that the arrest of a person is a grave matter, but the capricious exercise of the power to arrest had deleterious consequences and, therefore, needed to be exercised with care, caution and sensitivity.
"It has also emphasised that arrest of a person has to be justified not only by referring to prima facie evidence and adequate actionable material sufficiently connecting the person with the offence.
"The power of arrest should not be deployed as a tool of oppression and harassment.
"The judgment also deplores that unfortunately, even after 72 years of independence of the country and particularly since promulgation of the consensus Constitution, 47 years ago, 'we have not been able to realise the spirit and essence of the ideals set out therein'.
"The people of Pakistan are frequently denied their constitutionally-guaranteed rights and the principles of equality, fairness, tolerance and respect for democratic norms are flouted with impunity.
"It has also been regretted, in the judgment, that pygmies are selected, nurtured, promoted and brought to prominence and power, adding that the people with notorious backgrounds and criminal credentials are thrust to rule the people in various capacities with predictable results.
"Similarly, those who caused death, destruction and mayhem in our society were trained, financed, protected, promoted and eulogized, thus, turning them into Frankensteins".
The bar leaders, while deeply praising the judgment, which truly reflects the ground realities and real problems of the people on account of rapidly deteriorating performance of different State Institutions, adversely affecting the common man, called upon the government and all the State institutions to act in accordance with dictates of the judgment.
Copyright Business Recorder, 2020
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