(Amant Gushkuri) It is beyond understanding why only politicians were placed under the jurisdiction of NAB. Tell me which fundamental right was affected by the NAB amendments? The Chief Justice of Pakistan Questions were raised during the hearing of the NAB amendments case, the Chief Justice remarked that they go out and become big lions and do not come forward and speak. Justice Atharmanullah said that if the decision to declare the NAB amendments null and void is not returned, then the founder PTI himself Justice Mandukhel said that asking for a receipt is not tantamount to blackmailing someone. The hearing of the case against the nullification of the NAB amendments continues in the Supreme Court, Khawaja Haris has been instructed to complete the arguments today.
When the Supreme Court started hearing on the government’s appeals against the nullification of the National Accountability Bureau (NAB) amendments, former Prime Minister Imran Khan was presented in the court through a video link, Chief Justice Qazi Faiz Isa inquired as to which fundamental right NAB affected by amendments?
A 5-member larger bench headed by Chief Justice Qazi Faiz Isa is hearing the case.
At the beginning of the hearing, Imran Khan’s lawyer Farooq H. Naik said that I have prepared my written submissions, Chief Justice Qazi Faiz Isa remarked that you should submit your submissions to the court, are you supporting the decision? ? Farooq H. Naik said that I am supporting Justice Mansoor Ali Shah’s note.
The Chief Justice inquired whether you are adopting the arguments of Makhdoom Ali Khan. Farooq H. Naik said that my position is the same but the arguments are my own, I have pointed out various points of the court decision in the written submissions, I have written my arguments on the Supreme Court decision.
After Farooq H. Naik, judicial assistant lawyer Khawaja Haris came to the rostrum, Khawaja Haris started the arguments, on this occasion the Chief Justice asked him to tell which fundamental right has been affected by the NAB amendments? Lawyer Khawaja Haris said that in the main case, I have explained the violation of fundamental rights in detail, NAB amendments are violation of Article 9, 14, 25 and 24.
It should be noted that on May 30, during the hearing on the petitions against the National Accountability Bureau (NAB) amendments in the Supreme Court, former Prime Minister Imran Khan had said that I am kept in solitary confinement. had remarked that if the ordinance is to be brought, then the parliament should be closed.
At the beginning of the hearing of the NAB amendment case in the Supreme Court, former Prime Minister Imran Khan was presented in the court through a video link, Imran Khan was wearing a blue shirt, he was present in the hearing that lasted for about two and a half hours. On May 14, the Supreme Court allowed former Prime Minister Imran Khan to appear via video link during the hearing against the nullification of the National Accountability Bureau Amendments.
Chief Justice of Pakistan talks with Khawaja Haris
The Chief Justice of Pakistan while talking to Khawaja Haris said that whether the NAB law is correct, the judicial assistant Khawaja Haris replied that some NAB amendments were challenged. Lawyer Khawaja Haris replied that NAB was established in 1999 during the reign of Pervez Musharraf, Chief Justice Qazi Faiz Isa said that the NAB law was made to expel corrupt politicians. was exempted, was it only to end the corruption of politicians, why did NAB not change the law when there was PTI government.
Lawyer Khawaja Haris said that the Accountability Act existed even before Musharraf, Justice Athar Manullah remarked that why the authority of Deputy was given only to the elected public office holders, why the authority of NAB was not given to the non-elected public office holders? Chief Justice Qazi Faiz Isa said that do you only want political accountability? Lawyer Khawaja Haris said that we did not challenge NAB Ordinance 1999, we challenged NAB Amendments 2022, NAB amendments were made because certain political leaders Time was behind bars.
The Chief Justice of Pakistan remarked that it was beyond comprehension why only politicians were placed under the jurisdiction of NAB. Justice Athar Minullah asked Khawaja Haris in his inquiry that do you have full confidence in NAB? Lawyer Khawaja Haris said that I will give arguments that the minority opinion in the main case was not correct. Are you satisfied with NAB remand of 90 days, are you in favor of NAB action on corruption less than 500 million.
Where does the elected representative have the authority to distribute public funds, give an example, Justice Atharmanullah
Lawyer Khawaja Haris replied that the accountability of public representatives does not mean the accountability of elected representatives only. Justice Athar Manullah remarked that if there is corruption in a department, the principal accounting officer is responsible. Giving an example where the power to distribute is exercised, Justice Jamal Mandukhel said that no elected representative or minister gives any approval without the summary of the concerned secretary.
Lawyer Khawaja Haris does not want to make such a statement that a politician is corrupt, Justice Jamal Mandukhel has remarked that if a secretary writes in the summary that this thing is against the rules, then the minister can approve it? Lawyer Khawaja Haris It has been said that no, but corruption still happens, Dubai leaks and fake accounts are in front of us. Justice Jamal Mandukhil said that should we heal the wound but not see the cause. The Chief Justice of Pakistan remarked that the arguments you want to give are Give me the rest of the notes, we will read them, tell me how much time you will need?
Lawyer Khawaja Haris replied that I will take more than three hours in the arguments, I will explain how the issue of NAB amendments is related to fundamental rights, it was decided in the similar case that the petitioner wants to go to the High Court or the Supreme Court on the basis of public interest. It is prohibited to file an application on both the forums together, there was no objection to the request of the founder PTI to the Supreme Court instead of the High Court, Jeff Justice Pakistan said who filed the application in the Islamabad High Court was
Lawyer Khawaja Haris replied that the application was filed in the Islamabad High Court by the High Court Bar, the Chief Justice of Pakistan then asked that we have received the records of the High Court, the petitioners were PTI people, Shoaib Shaheen through Hamid Khan The application has been filed, lawyer Khawaja Haris said that Hamid Khan did not have any party position, the Chief Justice then asked that Shoaib Shaheen had adjourned the High Court by saying that our case is now pending in the Supreme Court. .
Khawaja Haris replied that we had filed the application in the Supreme Court in June 2022. The application was filed in the High Court in July. You could have said at the first hearing in the Supreme Court that now the case has started in the High Court, the President of the High Court Bar could have come and told the Supreme Court to let the case proceed in the High Court or take the petition here, Shoaib Shaheen and PTI founder. If they are not related, then let’s say that both of them were not aware of each other’s request, there are many talks against the judges on TV, why did Shoaib Shaheen not come to the Supreme Court while walking that the case is pending in the High Court, we Judges cannot respond to criticism on TV, Shoaib Shaheen speaks on TV, come here and answer us too, Supreme Court held 53 hearings in the central case, but Shoaib Shaheen did not come for one day, TV camera is here. If they put it on, they will criticize it for a long time.
‘They will go outside and abuse the camera, come here and criticize in front of us’
Justice Athar Manullah remarked that Khawaja Sahib should give his arguments on merit, Chief Justice of Pakistan remarked that after the practice and procedure, how can a bench give reasons on NAB amendments. Khawaja Haris said that the notes of Justice Mansoor Ali Shah. This point has been settled and the Bench of Practice and Procedure has become a part of this decision, the Chief Justice of Pakistan said that why the Practice and Procedure Act case was not pursued, the NAB Amendment case continued, to withdraw the pending application in the High Court. Why was there no attempt? They will go outside and abuse the camera, come here and criticize in front of us.
Justice Jamal Mandukhel remarked that the Attorney General had also received a notice from the High Court. Why didn’t the Attorney General try to reopen the case? The Attorney General said that the summer vacation had already started. Sir, if there is justice, it should be seen to be done, why was the case of this act not heard after suspending the Practice and Procedure Act? Why was it rushed to run the NAB amendment case? Maybe because of these tactics, the ranking of our judiciary is down? The Practice and Procedure Act was suspended. In my opinion, the law cannot be suspended.
Later, the court took a break in the case. After the break, after the resumption of the hearing, Imran Khan’s lawyer Khawaja Haris started arguments again. Chief Justice Qazi Faiz Isa inquired that how much more time does Khawaja Sahib need? Khawaja Haris said that I need two hours.
Justice Jamal Mandukhel inquired whether it was not the power of Parliament to make amendments. The lawyer said that in the Asfand Yaroli case, the Supreme Court has reviewed all the provisions of the NAB. The Chief Justice remarked that if there was no PCO, then the entire NAB laws would have been scrapped. Makhdoom Ali Khan, the lawyer for the federal government A list was submitted, it was mentioned in the list that in 2019, the then government had amended the NAB, according to Makhdoom Ali Khan, if they amend it, then it is wrong, if PTI does it, then it is right.
On this, Khawaja Haris said that he will talk about the 2019 amendments later, Justice Jamal Mandukhel further inquired that where will the cases that come out of NAB go? Justice Athar Manullah inquired that NAB should give us a list of which cases will be transferred to which court? Justice Aminuddin Khan said that what are the crimes that have been eliminated in the amendments?
Chief Justice Qazi Faiz Isa said that the FBR already exists in the country, you give amnesty on the issue of FBR, the Election Commission has prepared separate statements of assets, why the details of income tax are not asked for. Why not go to the side?
Justice Athar Manullah inquired that you have to tell the constitution how the rights were affected by the amendments. With the amendments, draconian powers were withdrawn from NAB. On this, Chief Justice Qazi Faiz Isa said that you are wearing a gold Rolex, if the investigation asks you where you got it from, then the entire burden will fall on you, the task of investigation has become easier. Is giving amnesty scheme a violation of NAB law or not?
Justice Athar Manullah inquired that why do you want NAB to take action on every case, why so much trust on NAB? The Chief Justice said that you have to show us what was unconstitutional in the amendments.
Justice Athar Minullah pointed out that Parliament only structured the assets section, it could have deleted it if it wanted to.
The arguments of lawyer Khawaja Haris were completed. The Supreme Court took a short break in the hearing of the case. The Chief Justice remarked that after the break, the founder PTI will listen. Taking a minute break.
Background
It should be noted that on September 15 last year, the Supreme Court of Pakistan had declared a number of clauses null and void while pronouncing a safe decision on the petition filed by former Prime Minister and Chairman Pakistan Tehreek-e-Insaf Imran Khan against the NAB amendments. Corruption cases against public officials have been restored, while NAB has been allowed to investigate corruption cases worth less than Rs 50 crore.
According to the decision, not only the cases, the inquiries and investigations were also restored, the cases which were declared void after the amendment by the NAB courts were also restored.
Apart from this, the Supreme Court ordered that all dismissed cases of corruption be re-investigated in the accountability courts within a week. Amendments with high assets will be maintained to the extent of government officers, NAB amendments regarding plea bargain are declared null and void.
In the decision, the orders given by the accountability courts in the light of the NAB amendments were declared null and void, later on October 17, the federal government overruled the Supreme Court’s 15 The September decision was challenged.
2024-09-23 23:23:37