The judge says that the latest amendments to the liability law do not violate fundamental rights.
ISLAMABAD: The Supreme Court on Monday asked the Pakistan Tehreek-e-Insaf (PTI) to let it know its stand on whether keeping the armed forces outside the ambit of the Accountability Act is a democratic act and how to leave Parliament after an election and to seek a decision. It served democracy through street power.
A three-judge unique bench of the apex court headed by Chief Justice Umar Ata Bandial and comprising Justice Mansoor Ali Shah and Justice Ijazul Ahsan heard PTI’s petition against the current adjustments to the National Accountability Ordinance (NAO).
During the hearing, the court asked Khawaja Haris, counsel for petitioner Imran Khan, to inform the court about the reasons that led to the army not being brought under the purview of the National Accountability Bureau (NAB) and whether such an act was constitutional or not.
Sitting on the bench, Justice Shah said that even judges are not outside the legal ambit of NAB. Referring to Haris’ argument that the MP was a holder of public trust, the judge further asked how a democratic system would function if the MP left Parliament and made decisions on the street.
Continuing his arguments, Haris said that the Supreme Court had filled the gap in the army chief’s extension case. He also referred to the Asfandyar Wali case, where the Supreme Court declared the amendments invalid.
Justice Shah said that in the Asfandyar Wali case, the court struck down the law as it violated human rights. He added that in the subject under discussion, the petitioner demanded the inclusion of what is missing in the law. He also said that the latest changes are not against fundamental rights.
Also, Justice Ahsan sitting on the bench, said that the provisions removed from the NAB amendments render the law ineffective. In the present case, he added, the court was asked to restore the NAB Act in its original form.
The Chief Justice observed that there are many loopholes in the NAB Act. In the law, he said, a person could be arrested for 90 days based on a mere accusation. However, he added that even the latest NAB amendments were not a breakthrough in the law.
Khawaja Haris said he does not favor arrest while investigating any criminal case, including NAB cases. However, he pointed out that even the best law becomes ineffective if there is someone to implement it.
The lawyer emphasized that he wants only some NAB amendments to be repealed. He noted that the intention of the Parliament should be taken into account. Justice Shah replied that the court would have to go through a parliamentary debate on the amendments.
Haris said there was no discussion when the amendment bill was passed. Justice Shah told the council that the government counsel had taken the stand that the NAB amendments were made in the light of the Supreme Court ruling. Haris said the adjustments were not based on court verdicts.
Justice Shah also asked the PTI lawyer whether the public is also against the NAB amendments or if it is for the court to determine that people have been affected by the NAB amendments. The Chief Justice referred to the Darshan Masih case in which the public moved toward the court.
The chief justice asked if the public approached the court in the NAB amendment case. Haris replied that non-governmental organizations (NGOs) had come to the court in the Darshan Masih case. He expressed the wish that non-governmental organizations should also be established against corruption. Justice Shah said a plea against the NAB amendments is also pending before the Islamabad High Court. He asked the lawyer to clarify why the present case could not be directed to the High Court. Later, the senate adjourned further proceedings till Tuesday (today).
