SC reserves verdict over Imran’s plea against NAB amendments
The Supreme Court of Pakistan (SCP) Tuesday reserved a verdict over Imran’s plea against NAB amendment.
The decision was reserved in the Supreme Court of Pakistan on the request of Chairman PTI against the NAB amendments.
During the hearing, Chief Justice of Pakistan Umar Ata Bandial has said in his remarks that learning from the past, he does not take suu moto now, my retirement is near and needed decision before retirement.
A 3-member bench headed by Chief Justice of Pakistan Umar Ata Bandial is conducting the hearing.
Justice Ejazul Hassan and Justice Mansoor Ali Shah are part of this bench.
Arguments of chairman PTI’s lawyer Khawaja Haris are continuing in the Supreme Court.
Justice Mansoor Ali Shah inquired that where is the Attorney General?
Additional Attorney General Aamir Rehman told the court that the Attorney General is abroad, I will submit his answer.
The Chief Justice of Pakistan said that if the Attorney General did not come, he would have told the court, if he had known that the Attorney General would not come, he would have heard the usual cases, because of him, the case was fixed at 9:30 in the morning.
Chairman PTI’s lawyer Khawaja Haris said that written reports have been submitted to the court.
Chief Justice of Pakistan Umar Ata Bandial asked Khawaja Haris whether he has read the NAB report.
NAB has given the reasons for the references returned till May, the reasons for the return of references indicate the direction of the law, the references of which persons have been returned till May, all the references have come on record, in section 23 of the NAB law. One amendment came in May and the other in June.
References returned before May are still with NAB. Who will answer these questions on behalf of NAB?
Chairman PTI’s lawyer Khawaja Haris said that many pending cases have been returned after the amendments.
Chief Justice of Pakistan Umar Ata Bandial inquired whether there is any provision in these amendments under which the cases should be sent to other forums. After these amendments, much of NAB’s work has ended.
Lawyer Khawaja Haris replied that under the amendments, if a case is made, the cases will be sent to other forums after review.
The Chief Justice inquired whether NAB has any legal authority to refer cases to other forums.
Lawyer Khawaja Haris replied that NAB does not have the authority to deal with these cases after the amendments, NAB also has no legal authority to send the cases to other institutions.
Justice Mansoor Ali Shah said that it is not the case that the cases are over with NAB and the accused go home. If there is a murder in the office of NAB, will the matter not go to the relevant forum? There is no need of law to send the cases to other forums, the cases that have been made will go to some forum, they are not getting the authority to send the cases to other forums, they will ask NAB about it.
Lawyer Khawaja Haris said that so far all the people have gone home due to the return of NAB cases, it was also said that the NAB amendments are the same which were proposed during the PTI regime.
The Chief Justice said that I have nothing to do with your conduct but with basic human rights.
Chairman PTI’s lawyer Khawaja Haris said that it was said that I have personally benefited from the NAB amendments. The defense is easy under the amendments, but they have told NAB that they will not take advantage, the statement submitted to NAB is also a part of the court record.
Justice Ejazul Hassan said that the pending investigations and inquiries have been put under cold storage after the amendments, the rights of the people will be directly affected until the mechanism of transfer of investigations is made.
Lawyer Khawaja Haris said that the elected representatives also have to go through the 62-1FK test, the elected representatives exercise their powers as trustees.
Justice Mansoor Ali Shah said that there is no immunity for judges of the Supreme Court in the NAB law, only a judge can be dismissed under Article 209 and recovery is not possible.
Lawyer Khawaja Haris replied that NAB should take action if the judge is dismissed.
The Chief Justice said that if the state assets are subject to corruption, smuggling or illegal transfer of capital, all these should be dealt with. It is disappointing that these crimes are not clearly defined in the law. It is the responsibility of the state to make the people happy and secure. There is a responsibility.
Justice Mansoor Ali Shah said that military officers have been exempted from NAB law.
Chairman PTI’s lawyer Khawaja Haris said that he did not challenge the amendment regarding military officers, there are punishments against military officers for corruption in the Army Act.
Justice Mansoor Ali Shah said that punishments are also available against civil officers and public officials.
Chairman PTI’s lawyer Khawaja Haris said that civil service law only has departmental action, not criminal punishment for corruption.
Justice Mansoor Ali Shah inquired whether a corrupt army officer does not have a direct relationship with the public. If an army officer is the head of an institution other than the army, the NAB comes under the law. Wouldn’t it be strange if the state should ask why the punishment was reduced on the amendments of the parliament?
The Chief Justice said that the petitioner’s case is that the elements of the offense have been changed, can the offenses be eliminated by retroactive application of the NAB amendments? After all, what is the purpose of applying the law from the past? The purpose of this was that the convicted criminal would say to end my sentence and return the money.
Justice Mansoor Ali Shah asked whether Parliament does not have the power to enact legislation from the past. Is the Supreme Court Parliament?
