ISLAMABAD: Recent amendments to the National Accountability (NAB) Ordinance will likely be despatched again to Parliament because the court docket can not take away the powers of the legislature, Chief Justice Omar Ata Bandiyal remarked whereas listening to a petition filed by PTI.
“In my opinion, the matter will be sent back to Parliament. no alternative to parliament […] And we cannot take away its powers,” the CJP mentioned whereas listening to a plea by PTI difficult the amendments made within the NAB Act.
A 3-member bench of the Supreme Court – comprising CJP Bandiyal, Justice Mansoor Ali Shah and Justice Ijazul Ahsan – heard the petition filed by PTI chairman Imran Khan.
PTI chairman Imran Khan had filed a petition within the apex court docket beneath Article 184(3) of the Constitution, stating that the invoice has “virtually abolished”.[d] Any white-collar offense dedicated by a holder of public workplace”.
The joint session of Parliament last month passed the National Accountability (Amendment) Bill, 2022, which curtailed the right to anti-corruption oversight and reduced remand days among other amendments.
However, PTI, whose MPs had resigned en masse from the National Assembly, was not present to oppose the changes and later opted to challenge the amendments in the apex court.
The Supreme Court, after hearing arguments of PTI counsel Khawaja Harris and former foreign minister Shah Mehmood Qureshi, adjourned the hearing till 11 am on July 29 (Friday), while also allowing the NAB, the federal government and the attorney-general to present their case. issued notice for Side of the story in the next hearing.
At the start of today’s hearing, CJP Bandiyal asked whether Law Minister Azam Nazir Tarar’s claim – that all the changes made in the NAB law are backed by Supreme Court orders – was true.
In response, PTI’s lawyer Harris said: “I do not assume that’s the case. The amendments are opposite to the orders of the Supreme Court, however they aren’t in conformity with them.”
Justice Ahsan remarked that many of the changes were approved “in a rush”. Justice Shah asked: “Is it not the job of regulation makers to make legal guidelines and courts have repeatedly requested them to draft NAB legal guidelines?”
In response, Harris said: “Fundamental rights are being violated by this NAB regulation.”
Following Harris’ arguments, Justice Shah asked whether lawmakers should not be allowed to exercise their powers to make laws.
To this Harris asked whether he would be allowed to do so if Parliament decided that there should be no punishment for murder.
Justice Shan replied that if Parliament abolishes the death penalty as a punishment for murder, then what can the court do in it.
“The death penalty is a different matter. Where corruption and the national treasury are involved, the issue of Fundamental Rights is involved.”
The CJP then requested the individuals representing PTI that every one these issues might have been raised in Parliament, then why did the get together not debate there.
‘Why did not you symbolize 40% of the individuals in Parliament?’
“Do you know whether all these issues were raised in Parliament or not?” CJP requested that PTI chief Qureshi attain the stage.
The CJP informed Qureshi that when the NAB amendments have been being handed, there was nobody to oppose him in Parliament.
“When sensitive matters are being discussed, all MLAs are present in the house, where were you?” CJP requested
Qureshi mentioned he understands the function of the court docket.
“Answer our questions; Because of such cases, the affairs of the common man get stalled.
Justice Ahsan asked: “Why did not you symbolize 40% of the individuals in Parliament?”
Justice Shah remarked, “The religion the individuals had positioned in you as a member of the Legislative Assembly will not be being fulfilled.”
To this, PTI leader Qureshi apprised the court that the NAB amendments were discussed by the parliamentary committee for several hours.
“Perhaps you might be speaking concerning the committee assembly that befell earlier than the no-confidence movement,” Justice Hassan said.
Meanwhile, Justice Mansoor asked, “Why did you stroll out of the Assembly whenever you have been conscious of the significance of the NAB amendments?”
Qureshi argued that the Treasury Bench bulldozed the NAB amendments by a majority.
CJP Bandiyal remarked that the matter of NAB amendments has to go back to the legislature as the court cannot exercise the powers of Parliament.
“How can the court docket concern an keep order in opposition to a regulation made by the Parliament?” asked CJP
Referring to the points raised in the courtroom, the top court asked why these points were not discussed in Parliament.
The top court said that the court needs more help from Qureshi on these points.
Justice Mansoor asked whether the petitioner was entitled to the right to file an application against the NAB amendments when he was out of session.
Sometimes personal priorities have to be compromised for the sake of the country and the public, CJP Bandiyal remarked and asked whether PTI has devised any plan to get the country out of tough times.
To this Justice Mansoor said that the House is a related forum and leaving the House and moving the Court, “How did you turn into the affected get together?”
Responding to the question, Qureshi said that the PML-N had a majority in the assembly, adding that even if they had opposed it, the bill would have been bulldozed.
The CJP said: “There is a proposal hidden in our questions. Consider this for the sake of the individuals. ,
CJP Bandiyal mentioned that the federal government has entered into an employee-level settlement with the IMF, but it surely has not been publicly acknowledged, the worth of the rupee is falling day-to-day.
To this Harris argued that it’s the proper of the individuals to not abuse their powers.
The lawyer mentioned that abuse of energy is an offence, but it surely has been made inconceivable to show. He mentioned that accountability courts can now not settle for data obtained from overseas as proof.
Justice Ahsan mentioned that cash laundering can also be now not a criminal offense, it should even be an offense when somebody accumulates property by cash.
The counsel continued his arguments saying that every one faux account circumstances will likely be put to an finish because of the new amendments within the NAB legal guidelines.
Meanwhile, the court docket sought response from the federal government and NAB on this regard.