ISLAMABAD - While hearing former prime minister Imran Khan’s petition against the amendments in the National Accountability Ordinance 1999, Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial Tuesday said that corruption in a society fails common people to access justice.
Makhdoom Ali Khan, representing the federation, informed the bench that certain amendments have been made in the National Accountability (Second Amendment) Bill, 2022, and after the approval of federal cabinet the draft ordinance has been sent to the president.
He said that the additional amendments will have bearing on the Bill 2022. He further said that after the return of references by the accountability courts, returned references are with the NAB office, and now under new changes, the power is given to the accountability courts instead of the NAB chairman to send the cases of below Rs500 million to the relevant forums.
Makhdoom informed that there are other amendments under consideration, but the government is thinking whether to bring them through an Act of Parliament or the Ordinance.
Justice Bandial remarked that the concerns expressed in the court have been incorporated in the law. Makhdoom said that there will be no exonerating or condoning, but the reference, returned by the accountability courts after the enactment of Bill 2022, will be sent to the relevant forums.
The Chief Justice said that other countries also have anti-corruption laws, eradicating corruption is considered right to life, law of justice. He said, “Corruption in a society is because of failure to access justice.”
Makhdoom said the Israeli Parliament advanced a bill that would make it harder to oust Prime Minister Benjamin Netanyahu over the corruption charges. Benjamin Netanyahu returned to power late last year after Israel’s fifth election in under four years. Netanyahu and his allies say the effort is aimed at reining in an activist court. The body was expected to vote later on a measure that would allow the Knesset to overrule Supreme Court rulings and enact laws that had been struck down.
He said that the debate on corruption is not peculiar to Pakistan, but it is ongoing. In 1996 the country had Ehtesab Act, which was used to persecute the politicians, while in 1999 National Accountability Ordinance was enacted.
Makhdoom through a chart, which he made to show comparison about the amendments made by the PTI government and the PML-N allies’ government, said the petitioner (Imran Khan) was the first who brought changes in the law.
He said the first change, made in NAO 1999, was convenient way to settle the score, as it said that the persons convicted under the law would not be given above Class C in the jail. He said during the tenure of petitioner, substantive changes were made in the NAB law.
Justice Bandial, appreciating the comparison chart, said that the bench has benefitted from it. However, he said they are looking at those sections which were decriminalised. He said, “We are interested in those sections where the offences were obliterated or modified.”
Makhdoom said that the statute that exists today is from the amendments in 2019, and draws support from the observations of the Supreme Court. The retrospection in the law is not unconstitutional. Later, the bench deferred the hearing of the case till Wednesday (today).
