ISLAMABAD: The Supreme Court directed the National Accountability Bureau (NAB) to submit the record of high-profile cases from 1999 to June 2022, today (Wednesday).

A three-judge bench, headed by Chief Justice Umar Ata 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 court questioned in how many cases the sentence has been maintained up to the Supreme Court. How many NAB references were finalised, and how many cases were returned by the Accountability Courts after the amendments in National Accountability Ordinance (NAO), 1999. Last week, the NAB’s additional prosecutor general said that in light of the amendments in NAO, 219 references have been withdrawn and as the process is ongoing the figure will reach 280.

During the proceeding, Khawaja Haris, who represented the PTI chief Imran Khan, argued that due to amendments, “benamidar” definition has become complicated.

Justice Mansoor questioned on what constitutional provision’s basis, the NAB amendments be declared null and void. The PTI lawyer replied that the corruption cases were against the political leaders, adding where public money is involved it becomes the fundamental right of the citizens, adding that benamidar was the main issue in the fake accounts case. Haris said that Ghulam Abbas Zardari was the benamidar of Faryal Talpur. He said economic policies should be drafted in such a manner that these do not affect the fundamental rights of the people.

NAO amendments: SC wonders which fundamental rights were violated

The chief justice remarked that the Supreme Court does not have jurisdiction to examine the economic policies, but if someone commits a crime then there is a law for its transparent and fair trial. Justice Mansoor again asked the counsel to show which provisions of the NAB amendments are contrary to the fundamental rights. He said after hearing the whole case at the end it is found that there was no FR violation.

The judge said suppose Parliament decides that the NAB will take notice if corruption is made beyond a certain amount, then how in such a scenario a citizen’s rights will be affected. Haris responded that the amendments benefit those whose cases are pending in the Accountability Courts.

Justice Mansoor inquired is there any precedent, wherein, the apex court on an application of a citizen has restored the previous law. He remarked how on a person’s application the court could declare a law null and void, passed by the Parliament.

Haris said that in the army chief’s extension the Supreme Court has asked the Parliament to legislate on the matter. Justice Mansoor said as there was no procedure for the extension or retirement of the army chief in the law; therefore, the matter was sent to the Parliament to make law on it.

The chief justice remarked that it was the State’s responsibility to safeguard the properties of the citizens. He observed that as a result of huge borrowing and its wrong use the country has suffered economically. Most of the country’s expenses are due to the luxuries of the elite class, while 70 per cent of the people in Pakistan are poor. He said the court can stop the government from taking loans. There are a number of mafias and because of them there is unrest in the country.

The CJP said accountability is a must for the progress of society and the State. He noted that there are good points in the new NAB law, but some are not as these have benefited many accused in the pending cases.

Justice Ijazul Ahsan stated if the amendments in NAO were made for the benefit of a specific class and to create flaws in it than those would be considered a violation of fundamental rights. He further said that after the amendments, 280 references have been sent back to the NAB by the accountability courts. He said that the FATF has pointed out flaws in our laws, adding that for the improvement in the present law we would have to adopt high standards.

The case was adjourned until today (Wednesday).

Copyright Business Recorder, 2022