It is not in purview of the Supreme Court to examine economic policies, remarks CJP | Court asks which clause of NAB amendments is in violation of fundamental rights.

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

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 is­sued the directions while hear­ing the constitutional petition of PTI Chairman Imran Khan against the amendments in the NAO 1999. During the hearing, the bench questioned that in how many cases the sentence was maintained up to the Su­preme Court and how many NAB references were finalised and how many cases were re­turned by the Accountability Courts after the amendments in National Accountability Or­dinance, 1999. Khawaja Haris Advocate, representing the PTI chief Imran Khan, adopted the stance that due to amendments the definition of benamidar had been made complicated.

Justice Mansoor questioned that on which constitutional provision the NAB amendments be declared null and void. The PTI lawyer replied that these cases are related to political leaders’ involvement in cor­ruption cases and where public money is involved it becomes the fundamental rights of the citizens. He said that benamidar was the main issue in the fake accounts case. Kh Haris argued that a man named Ghulam Ab­bas Zardari was the benamidar of Faryal Talpur. He said that economic policies should be such that it does not affect the fundamental rights of people.

The Chief Justice remarked that it is not in the purview of the Supreme Court to examine the economic policies, but if someone has committed crime then there is a law of its fair tri­al. Justice Mansoor again asked from the counsel to show which clause of NAB amendments is in violation of fundamental rights, as it should not happen that whole case is discussed and at the end court finds no violation of fundamental rights.

The judge said that suppose Parliament decides that if there will be corruption of such an amount then the NAB may take notice of it. He said how in such a scenario a citizen will be af­fected. Kh Haris contended that the amendments benefiting those whose cases are pending in the Accountability Courts.

Justice Mansoor inquired that whether there is any prec­edent wherein the apex court on the application of a citizen has restored previous law. He remarked that how on a per­son’s application the court could declare a law null and void, passed by the Parliament. The Chief Justice remarked that it is state’s responsibility to safeguard assets of citizens. He observed that due to huge bor­rowing and its bad use of the loans the country suffered eco­nomically. He said that most of the expenses incurred on the luxuries of the elite class, while 70 per cent people in Pakistan are living below the poverty line. He said that the court can stop the government from tak­ing loans. There are a number of mafias creating unrest in the country. The CJP said that there is no appropriate regula­tor in the country and there is no control to make properties. He further said accountability is must for the progress of a society and the state. He noted that there are good points in the new NAB law, but some are of very serious nature as these have benefited many accused in the pending cases. Kh Haris said that in the army chief’s extension case, the Supreme Court has asked the Parlia­ment to legislate on the matter. Justice Mansoor said as there is no procedure for extension or retirement of army chief in the law therefore the matter was sent to the Parliament to make law on it.

Justice Ijazul Ahsan stated that if the amendments in NAO were made for the benefit of a specific class and to create flaws in it then those would be considered violation of the fun­damental rights. He further said that after the amendments 280 references have been sent back to the NAB by the accountabil­ity courts. He said, “FATF has pointed out flaws in our laws and for improvement in present law, we will have to adopt high standards.” Later, the bench de­ferred hearing in this case till Wednesday (today).