ISLAMABAD   -   The Supreme Court Tuesday directed the federal and the Punjab governments to make arrangements for the appearance of founder Pakistan Tehrik-e-Insaf (PTI) Imran Khan tomorrow through video link in the NAB amendments case.

A five-member bench of the apex court headed by Chief Justice Qazi Faez Isa and comprising Justice Aminud Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Syed Hasan Azhar Rizvi conducted hearing of the Intra-Court Appeal (ICA) of the federation and some appellants, whose petitions were pending before the Islamabad High Court (IHC).

Justice Athar asked the Attorney General for Pakistan (AGP) that he would have to ensure that the video-link function properly otherwise they would adjourn the case. The Chief Justice said that why adjourn? Adding; “there will be consequences if video-link does not function.”

The bench ordered the NAB additional prosecutor to provide a written reply on how much money was spent, how much recovered, and where it went, and what is the share of NAB. The prosecutor was also directed to submit reports in the last 10 years on how many people were prosecuted by the Bureau, how many people were convicted, and how many were declared innocent by the courts.

Last year Imran Khan, through a number of lawyers including senior advocate Khawaja Haris, had filed a petition under Article 184 (3) of the Constitution against the amendments in the National Accountability Ordinance 1999.

Makhdoom Ali Khan formulated the submission, which was also adopted by Farooq H Naek, who appeared on behalf of two appellants, the AGP and AGs of Islamabad and all the provinces, except KP.

Makhdoom submitted that the SC majority judgment in NAB amendments case is a nullity in the law as it was passed by a bench of the apex court, which was not constituted in accordance with Section 2 and 4 of the Supreme Court (Practice and Procedure) Act, 2023, resulting in coram non judice.

Makhdoom maintained that the Act was passed on April 21, 2023, challenged therein was thrown, but most of its provisions were upheld by the majority of the Full Court. He said the petition filed under Article 184(3) of the Constitution against the NAB amendments was not maintainable in light of the decision of the Supreme Court in case of Benazir Bhutto vs federation.

He argued that the amendments made to National Accountability Ordinance 1999, vide NAB Amendments Act 2022 were struck down by the SC majority judgment despite the fact that many of the amending provisions were borrowed from the Ordinances, enacted by the government of that respondent No.1 (Imran) was the Prime Minister.

Makhdoom submitted that the petitioner did not approach the apex court bona fide because none of the amendments in the Act affected the rights of the petitioner or public at large.

He contended that the Court has carried out academic exercise as no factual controversy adversely affected the petitioner. The number of amendments made were ex-facie not discriminatory.

The federation counsel further argued that it is in the legislative scheme that the Parliament legislate and the Court made efforts to save the legislation. The amending law can’t be contrived to violate the fundamental rights enshrined in the constitution.

He also submitted that some of the amendments brought have been in accordance with the orders/judgments of the superior courts, which were not challenged to the effect.

The majority judgment has re-written the Constitution and created artificial distinction between the civil servant, and the holder of the public office. The majority judgment accepted the prescribed limit of amount made by the NAB, but struck down the limit made through legislation.

The Court on 31st October 2023 had issued notices to former prime minister Imran Khan and Chairman National Accountability Bureau (NAB). The notices were also issued to the Attorney General for Pakistan (AGP) and the Advocates General of all the provinces and Islamabad. The SC office was directed to serve the copies of appeals and its order to Imran Khan in jail.