Corruption can be arrested only after flaws removal: CJP

ISLAMABAD            -       Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial Tuesday said that the truncated and not fully constituted assembly passed the amendments in National Accountability Ordinance (NAO) and many who participated are the beneficiaries of this law. A three-member special bench of the apex court headed by Chief 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 said that the legislation was rushed through, as there was no discussion on the NAB amendments bill, and the legislators were not aware of its motives and objective. The Chief Justice remarked that would it be called parliamentary capture. However, Kh Haris said it should be called regulatory capture because they are making laws, which benefit them. Justice Mansoor questioned what was the rank of Pakistan in terms of corruption all over the world when the original law was enforced? Justice Ijaz said that after the amendments the ranking will jump up to another 100 places. Justice Mansoor said to the counsel that you are saying that through these amendments, which the parliament has passed, the corruption has enhanced, therefore, the court revive the old law. The Chief Justice noted that the corruption also exists in the neighbouring country. We are not investigation and do not have expertise. He said that since the establishment of the National Accountability Bureau (NAB) in 1999 the corruption still persists in the country. Even the judiciary has failed to curb this menace though in many judgments proposed steps to control it. He said that in Pakistan Steel Mills and Reko Diq cases the judgments were passed in good faith, but the subsequent executive failed to implement them. It is not the matter of punishment, but the system needs to curb the corruption.The Chief Justice further said that many businesses collapsed due to the NAB law, and the businessmen have shifted their commercial activities in other countries. The NAB law was misused. He said the media is outspoken against the corruption, therefore, the courts need to protect the journalists’ rights. He remarked that corruption cannot be eradicated in the country until the flaws in the system are removed. Justice Ijaz said that the members of political parties have to follow the orders of their party leaders and vote to the laws, which benefit to those, whose corruption cases are in the courts. The legislation (amendments) has benefited a few persons. He questioned should the judiciary sit behind and watch and do not interfere when the system is collapsing? Justice Mansoor again questioned why the army is not coming to the fold of NAB. He asked the counsel that you have built your case that everyone should be held accountable. Then why the Armed Forces are excluded, what the courts do about Article 25 of the Constitution. Kh Haris replied that according to the definition in Section 5(n)(iv) of NAO the Armed Forces are not covered under the NAB law. He said that they are not totally excluded, however, they were given exemptions by a larger bench of the apex court in Asfandyar Wali case. He asked the bench to revisit this judgment, so it will be clear to us. Justice Mansoor said that the Armed Forces can have protection when they are running the institution, but the question is if an individual commits an act of corruption then would he too be exempted? Is it not discriminatory? The judge noted that the judgment in Asfandyar Wali was passed in 2001 during the regime of Pervez Musharraf. Kh Haris said that it was the judgment of the Supreme Court and therefore they should not be blamed for this.

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