ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial said the National Accountability Ordinance (NAO), 1999 was misused and due to that many businesses collapsed, and the businessmen shifted their industries to other countries.
A three-judge special bench, headed by Chief Justice Bandial and comprising Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah, on Tuesday, heard the constitutional petition of PTI Chairman Imran Khan against the amendments in the NAO, 1999.
The CJP further said media that is outspoken against corruption and corrupt practices needs to be protected. He said the truncated and not fully constituted assembly passed the amendments in the NAB law and those who participated are the beneficiary of this law.
He remarked how the court deals with the question that the assembly, which is not fully constituted and when many of its members boycotted, passed the amendments. Justice Ijaz said the legislation was rushed, as there was no discussion on the NAB amendments bill, and a majority of the legislators, who voted in favour of the law, were not aware of its motives and objective. He questioned what the court can do when it comes to the conclusion that there is a clear interest of those who benefited from this law.
SC asks why armed forces don’t fall under NAO jurisdiction
The chief justice remarked that it would be called “parliamentary capture”. However, Khawaja Haris, representing Imran Khan, said it should be called “regulatory capture” because they (the PDM leaders) made law to benefit them. During the hearing, Justice Mansoor again asked the counsel why the army is not under the fold of the NAB. The judge asked him that you have built your case that everyone should be held accountable, then why are the armed forces excluded, what the court has to do about Article 25 of the Constitution?
Haris replied that according to the definition in Section 5(n) (iv) of the NAO, armed forces are not covered under the NAB law. He said they are not totally excluded, adding they were given exemptions by a larger bench of the apex court. He asked the bench to revisit the judgment, so it will be clear to all.
Justice Mansoor said the armed forces can be protected when they are running the affairs of the institution, but questioned if an individual committed an act of corruption in Army Welfare Trust, a huge commercial enterprise, then should he too be exempted? Is it not discriminatory? The judge noted that the judgment in Asfandyar Wali case was passed in 2001 during the regime of Pervez Musharraf.
Haris argued as it was the judgment of the Supreme Court; therefore, “don’t blame the politicians”. Justice Ijaz said it is not right that armed forces are fully excluded, adding there are instances where the armed forces personnel were tried under the NAB law. He said Admiral Mansoor who was found involved in corruption was indicted and looted money recovered from him.
Justice Mansoor questioned what was the rank of Pakistan in terms of corruption all over the world when the original law was enforced? Justice Ijaz said that after these amendments, Pakistan’s ranking (in corruption) will jump to another 100 places.
Justice Mansoor asked the counsel: are you saying that through these amendments, which the parliament has passed, the corruption has been enhanced; therefore, the Court revives the old law.
The chief justice noted that corruption also exists in the neighbouring country. “We cannot do investigation and have no expertise.” He said since the establishment of the NAB in 1999, corruption still persists in the country.
He said Pakistan Steel Mills and Reko Diq judgments were passed in good faith, but the subsequent executive authorities failed to implement them. It is not a matter of punishment, but the system needs to be improved to curb corruption.
Justice Ijaz noted that the members of the political parties followed the orders of their party leaders and voted for the laws, which benefit those, whose corruption cases are in the courts. The legislation (amendments) has benefited a few persons. He questioned should the judiciary sit back and watch and not interfere when the system is collapsing. The case was adjourned until today (Wednesday).
Copyright Business Recorder, 2022
Comments
Comments are closed.