CJP Bandial says people cannot be sentenced on anticipation

ISLAMABAD     -    The Supreme Court of Pakistan Wednesday observed that the amendments in National Accountability Ordinance (NAO), 1999 would open the door and further strengthen the systematic way of corruption. 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 Ijaz ul Ahsan, reacting to the arguments of Khawaja Haris, said that you mean to say that the colourable exercise of the executive would not only strengthen the way of corruption but also clear the way to benefit those whose cases are pending in the court. “It (amendments) will open the door and further strengthen the systematic way of corruption,” he added. Khawaja Haris, representing PTI Chairman Imran Khan, said that Pakistan is signatory to the United Nations Convention against Corruption and has committed to take measures to prevent corruption. He added that the present government has made changes in Section 9(a)(vi) of the National Accountability Ordinance and according to it, nothing shall be an offence of misuse of authority unless it is proved through material evidence that the holder of public office has gained any monetary benefit or asset from the person in whose favour the act of misuse of authority has been rendered. Justice Bandial asked from the counsel that do you not think it is right that if he has not obtained any advantage and benefit then he should not be put to trial. Kh Haris said that now extra burden is on the prosecution that the accused has gained any benefit. The Chief Justice said that in the LNG case, bought from Qatar, on assumption some persons were accused. He added that there are circumstances, which are not in one’s control, therefore, people cannot be sentenced on anticipation and require the facts. He said that several bureaucrats had suffered and were jailed, but later they were acquitted. Kh Haris argued that some offences have been taken out of the purview of the NAB. Justice Mansoor inquired that where those cases ended after the amendments in NAO or transferred to other forums. He said that the general laws may apply on them, even though they are public office holders. He said that they (PML-N government) have also taken out the decisions of Federal or Provincial Cabinet, their Committees or Sub-Committees Council of Common Interests (CCI), National Economic Council (NEC), National Finance Commission (NFC), Executive Committee of the National 2 Economic Council (ECNEC), Central Development Working Party (CDWP), Provincial Development Working Party (PDWP), Departmental Development Working Party (DDWP), and the State Bank of Pakistan from the ambit of the NAB. Justice Bandial said that these are the institutions where the collective, and not individual, decisions are taken. He questioned that if a committee or the cabinet takes any decision, which later proved wrong, then would the whole cabinet be responsible? Kh Haris replied that if the cabinet takes a decision, which is not good in the interest of the country then the whole cabinet could be blamed. Justice Mansoor questioned that suppose if this law (amendments in NAO) was enacted in 1999 then had he challenged it . The PTI counsel replied ‘yes’, adding that then his challenge had been that this is made to benefit a specific class. Justice Mansoor said that now they have to see that one legislature can make the law, while the other cannot