CJP Umar Ata Bandial seeks updated lists of those who benefited from new NAB law

ISLAMABAD, Aug 30 (SABAH): Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial while hearing a petition against National Accountability Bureau (NAB) amendments 2022 has sought updated lists of those who benefited from the new NAB law. The court also sought an updated list of NAB cases transferred after the amendments were introduced.

A three-member special bench led by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah conducted hearing on a petition filed by former prime minister and Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan. Counsel for PTI’s chairman, Khawaja Haris Ahmed, counsel for the federation government Makhdoom Ali Khan Advocate, Attorney General for Pakistan Barrister Mansoor Usman Awan and Deputy Prosecutor General Accountability (NAB) Sattar Muhammad Awan were present in the courtroom. 

At the outset of the hearing of the case, Chief Justice Umar Ata Bandial while addressing the Attorney General Mansoor Usman Awan said “Good to see you”, where were your for during this period, your were in government and you should have been here. Chief Justice said that many intelligent amendments have been made in the NAB law. 

Attorney general said that he read an observation in English daily, adding that it was attributed to him that he has acknowledged that there are shortcomings in Supreme Court Practice and Procedure Act. Attorney general read the 8^th June order and said he had used the word overlapping and not shortcomings but it was misreported. Upon this chief justice inquired in which newspaper it has been reported. Upon this attorney general informed it was reported in Dawn Newspaper. Chief justice said that Nasir Iqbal is a goof reporter and he did not misreport, adding that may be the other Youngman named Haseeb Bhatti from Dawn TV reported this. Chief justice said that this story was reported in The News International by Maryam Nawaz Khan and in the Tribune by Hasnaat Malik. 

Chief justice said that Chief Justice has been made rubber stamp in Supreme Court practice and procedure and review act. Chief justice said that parliament was very active for legislation in August but may Supreme Court Practice and procedure and review act was not included in the priorities.

Chief justice while addressing the government lawyer Makhdoom Ali Khan said that we are trying to rap up the case because we have no time.  

During the hearing, Justice Syed Mansoor Ali Shah remarked that the court must take into account who the petitioner challenging the recent amendments in the National Accountability Ordinance (NAO) was.

Justice Syed Mansoor Ali Shah wondered why SC is spending so much time in the NAB amendment case when no concern citizen or a financial institution or a political party has come before us though by a runaway parliamentarian who himself never questioned in parliament.

Justice Shah also asked as why matter related NAB law amendments should not be left to the next parliament for deciding the final fate. CJP Bandial says that corruption has destroyed the society.

Justice Shah further said that if the NAO amendments were such a big problem, a citizen would have challenged them, no financial institution challenged the amendments, nor any political party, a fugitive politician from the Parliament approached the Supreme Court.

“Till today it remains unclear what aspects of the law are contrary to fundamental rights provisions,” he said expressing surprise that the court has been hearing the case for so long. It was the 50th hearing of a petition filed by Imran Khan challenging the National Accountability (Second Amendment) Act 2022 passed by the Pakistan Muslim League-Nawaz (PML-N) led coalition government.

The AGP took to the rostrum to clarify that he had not stated that the law was flawed but merely conceded that there was an overlap between the Practice and Procedure Law and the Review of Judgment Law.

CJP Bandial also observed that several good amendments have been introduced” as well but regretted that not only were there inconsistencies between laws, but that the CJP’s powers had been reduced to a rubber stamp. “The Parliament was very active in August,” he added, observing that revisions on the two said laws did not appear to be a priority for the parliament.

The AGP explained that the Parliament had been waiting for a decision from the apex court on the matter and had therefore, not acted to revise the laws. This explanation however was not well-received by the top judge.

“Many offences were either deleted or changed in the NAB amendments,” observed CJP Bandial, “a crucial point in the present case is that the entire law has been turned upside down.” CJP Bandial also sought updated lists of those who benefited from the new NAB law.

He said that the petitioner has given some Islamic examples for accountability standards and that accountability is the basis of the democratic process, regretting that as a result of the tweaks to the law many of the offences were either expunged or the evidentiary procedure was altered.

He stressed that the court must be satisfied that no crime has been abolished. He also expressed reservations over how difficult the process of proving a corruption case has been made through the changes.

“It must be ensured that the crime of corruption has not been reduced to mere paperwork,” said CJP Bandial. At one point Justice Shah proposed that the issue of NAB law tweaks could be left up to the next Parliament. “Why don’t we leave the issue of NAB amendments to the new Parliament?” he said while seeking arguments about the application of NAB amendments from the past. The case was adjourned till Thursday (today) at 11:45 AM.