There’s no political stability, ‘elections were not free and fair’, IK tells SC

ISLAMABAD: The Supreme Court said the politicians and parliamentarians need to play their role in bringing stability to the country and warned if any untoward incident happened then they would be responsible.

The founder of Pakistan Tehreek-e-Insaf (PTI) Imran Khan, who addressed the court through video-link, complained that there was no political stability and the elections were not free and fair.

A five-judge bench, headed by Chief Justice Qazi Faez Isa, which heard the ICA and the petitions of some individuals, whose applications have been pending before the Islamabad High Court (IHC). The bench has directed the lawyers to file the concise synopsis within one week. The National Accountability Bureau (NAB) was directed to again file the report on the expenditure, budget and the recoveries made in the last years.

The chief justice snubbed the NAB’s additional prosecutor general (APG) for filing a misleading report. He questioned how the NAB could say it has recovered $10 billion in RekoDiq case. How is this recovery? He warned the APG that if in future a false report was filed then the court would issue a contempt of court notice to it.

At the conclusion of Khawaja Haris’s five hours long arguments, the bench took half-an-hour break. When the court assembled again, the chief justice asked Imran Khan, can you hear us, and if he wanted to add something to the submission made by Khawaja Haris.

Imran regretted the Supreme Court’s judgment on live-streaming of the NAB amendments case, saying; “I was hurt by the judgment,” adding “Am I sort of an irresponsible character.”

Justice Amin said that they had passed the order as in the last hearing “instead of explaining why you oppose the amendments, you started speaking about other things.” Let’s hear you about this case, he added.

Justice Athar Minallah, reacting to Imran’s remarks on general elections, stated that was unfortunate. He then said; “Khan Sb! you have an incredible following and were former prime minister.” He said that it is not the job of the Court to solve political disputes, adding politicians need to keep the country on the right track.

Imran stated that there is no democracy in the country, but Martial Law, and the country is facing financial crises. Money laundering is going on and they (the government) have excluded the Mutual Legal Assistance (MLA) clause from the NAB law. He said people are scared of the NAB. The whole nation is looking towards the Court and it is the only institution that can bring the nation out of this uncertain situation. He said that as he is older than all of the bench members; therefore, is talking about all this.

Justice Jamal then remarked that the judges have taken oath on constitution, and they are with the parliament. He warned that if anything bad happens in the country then the politicians and the parliamentarians would be responsible for that.

At that point, the chief justice called Farooq H Naekto the rostrum and said all the politicians should sit together and solve the problems the country is facing. “Let’s not fight all the time,” adding, “when there is no money in the national kitty then it would affect everyone.” He told Naek that they (the PTI) are not your enemy. Farooq H Naek said that the PPPP is ready to sit with anyone, and their doors are open for all the parties.

Justice Amin told him that the PTI had 95 MNAs when the no-confidence vote was passed, but after that instead of asserting their power they resigned from the National Assembly. He said that they (the PTI) could have opposed the amendments tabled in the Parliament.

Imran said that they had resigned instead of sitting in the Parliament because they did not want to legitimise their (PDM’s) stance. He talked about the cypher case, saying that he was implicated in a false case. There was foreign intervention, and his government was removed due to foreign pressure.

The chief justice told him not to comment on cases as it will prejudice his or the other parties’ case before the apex court.

Imran questioned who is the NAB head and how they have been running the institution. Is he performing his work with honesty. In Toshakhana case, I had been sentenced 14-year imprisonment.

Justice Aminud Din Khan interrupted him and said leave aside the legislation or who is the NAB head, and just focus on the case, as other issues are not relevant.

Upon that, Justice Jamal Khan Mandokhel told Imran that why not the politicians could themselves decide who should be the chairman, and how he should be selected needed to be decided by the Parliament.

Imran Khan said the Supreme Court should appoint the NAB chairman. He remarked how the Parliament can decide it because when the opposition says this man should be appointed then the ruling party disagrees with it, therefore, the third force should decide about it. He apprised that from 2000 – 2017, the NAB recovered Rs294 billion, and from 2018 – 2021 it recovered Rs426 billion, while in 2024, the NAB has recovered Rs10 million.

Justice Jamal remarked that the reason for it could be that the case of NAB amendments was pending before the Supreme Court. The NAB might be waiting for its final decision, he added.

Imran then talked about rule of law and accountability system in the country, saying that they have the list that the parliamentarians who have passed the amendments did it for their own benefits. Justice Jamal said that they agree with him, but what the Parliament does is not their job.

Imran then mentioned that Forms 45 government is not capable. Justice Athar Minallah interrupted him and said that during his 3.6 years who was controlling the NAB, adding, we all should know the reality. There is no ground in the petition against NAB amendments, which could be struck down. He further said there were judgments on the working of the NAB, how the fundamental rights were violated by the NAB.

The ex-PM stated that Pakistan has inherited a democratic system from the British parliament. He again then maintained that they have the list who benefited from these amendments in the National Accountability Ordinance, 1999.

Justice Athar stated that the Court is not wrapping up the cases before the Accountability Court, but those would go to other courts set up under different laws.

Justice Jamal remarked that politicians become more mature and experienced when they go to jail, as they understand the issue froma different perspective. He said whatever is happening with him is not right. Imran responded that he has been struggling for the last 28 years. People are taking money out of the country, adding $700 billion is lying in foreign banks. The NAB’s job is to arrest such people and hold them accountable.

Justice Jamal then questioned is it the Parliament’s job to bring improvement in NAB law and agree with him that corruption should be eliminated. Imran submitted that NAB is a specialized institution it should not be abolished.

Justice Minallah reminded him that when he was a judge of the Islamabad High Court, the PTI had challenged the appointment of the Chief Election Commissioner and the ECP members. I have declared that the appointment of the CEC and ECP members have been made in accordance with the constitutional scheme, and if the petitioner wanted to change then it is the function of the Parliament.

At the end, Imran Khan thanked the chief justice when he asked him that does he like to add something about the case.

Copyright Business Recorder, 2024