ISLAMABAD      -         Chief Justice of Pakistan Justice Umer Ata Bandial Thursday said that any law that is ultra vires the fundamental rights can be struck down by the Supreme Court. A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan and Justice Syed Mansoor Ali Shah conducted hearing of the constitutional petition of PTI chairman Imran Khan against the amendments in the NAO 1999. During the hearing, Justice Mansoor Ali Shah said if someone files a petition that the prime minister cannot run the country and requests the apex court to look into this matter, then will the Supreme Court take its jurisdiction under Article 184(3) on that basis and run the government as their fundamental rights are affected. “Where shall we stop?” He questioned if there was no amendment in the National Accountability Ordinance (NAO) 1999 and rogue elements come to power and use the law in a way to protect corrupt people then what the court could do? Imran Khan’s counsel Khawaja Haris argued that in the Bank of Punjab case, neither the FIA nor the NAB took action against those who were involved in the financial scam of the bank. It was the Supreme Court that had asked the NAB to initiate proceedings against them. Justice Mansoor remarked that is it not that the apex court had taken up the functions of the executive. He questioned should the judiciary take the supra role? He asked, “Do we (SC) cross the system of separation of power?” “We do not assume the executive functions, but we ask them to perform their function in accordance with the law,” the chief justice said. He remarked that the Supreme Court under Article 184(3), though empowered to take suo motu, uses this power where there are violations of fundamental rights. He added that the government had passed the amendments in June this year but we had shown restraint and did not take up the case unless a petition under Article 184(3) of the Constitution was filed by the PTI chairman. Justice Mansoor said the Court has taken a number of cases against the executive functions and struck down the provisions where these contradicted the fundamental rights. He asked the PTI counsel that you wanted the court to bring back those provisions which were before the amendments. The chief justice said if any law offends the fundamental rights then it should be struck down. You (PTI chief) do not want the entire law to be struck down, but have requested to declare certain provisions in the amendments in NAO. He questioned if the law is repealed then void would be created. The chief justice asked the petitioner’s counsel to apprise how that void would be filled? Later, the bench deferred the hearing of the case till Monday