Corruption harmful to democracy, society: CJP

ISLAMABAD: The Chief Justice of Pakistan, Umar Ata Bandial, on Tuesday observed that corruption is harmful to democracy, society as well as the rule of law.

A three-member bench of the apex court, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah, heard the petition filed by PTI chief Imran Khan, challenging the amendments made by the coalition government in the National Accountability Ordinance (NAO) 1999.

During the hearing, Chief Justice Umar Ata Bandial observed that the report of UN Convention against Corruption had set universal standard to combat corruption and protect fundamental rights as well as ensuring the rule of law.

Khawaja Haris, counsel for the PTI chief, while continuing his arguments, submitted that Pakistan had signed the UN Convention against Corruption in 2003 and later rectified in 2007. He submitted that the 2000 report evaluated by the UN body pertains to the implementation of provisions of the UN Convention in Pakistan and these provisions were related to fundamental rights of citizens as well as combating corruption.

Before the amendments made in the National Accountability Ordinance (NAO) 1999, Khawaja Haris submitted that the provisions of UN Convention had been implemented in letter and spirit, adding other countries around the globe have also adopted the UN Convention against Corruption. But the recent amendments in the NAO (1999) have affected the resolutions of UN Convention, he said.

“Is there anything mentioned in the UN Convention that prevents the parliament from making any such legislation,” Justice Syed Mansoor Ali Shah asked the learned counsel. The judge observed that it was the right of parliament to make legislation for the betterment of citizens. “Tomorrow, if the parliament does not make any legislation, then you will say that the fundamental rights of citizens have been affected,” Justice Mansoor Ali Shah told the learned counsel.

Khawaja Haris, however, said once you rectify the International Convention against Corruption, you have to adopt it as it’s related to the basic fundamental rights, right to property and right to equality as well.

Justice Ijazul Ahsan observed that once the international standards for combating corruption are adopted, these cannot be excluded. The judge asked as to why concessions have been given in the NAB law amendments, adding that no explanation has been given either. The judge questioned if tomorrow bribe is to be allowed, then nobody could stop it.

Justice Syed Mansoor Ali Shah again asked the learned counsel to state any provision of the NAB Amendment law that directly offends the UN Convention resolution. Khawaja Haris gave the comparison between Article 19 of the UN Convention and section 9(a)(5) and 9(a)(6) of the NAB law amendment. He submitted that the Article 19 of the UN Convention relates to abuse of functions which states that each state party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, the abuse of functions or position, that is, the performance of or failure to perform an act, in violation of laws, by public official in the discharge of his or her functions, for the purpose of obtaining an undue advantage for himself or herself or for another person or entity. He submitted that the Section 9(a)(6) of NAO 1999 that is an offence of misuse of authority is against Article 19 of the UN Convention.

Similarly, the counsel submitted that Section 9(a)(5) of NAO, which is an offence known as assets beyond means, is against Article 20 of the UN Convention that relates to illicit enrichment, which says that subject to constitution and the fundamental principles of its legal system, each state party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, illicit enrichment, that is significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.

Meanwhile, at the end of the proceedings, an interesting development was witnessed in the courtroom. When the court adjourned the matter for today (Wednesday) at 1 pm, Makhdoom Ali Khan, counsel for the federal government, brought into the notice of the court that the Pakistan cricket team has miraculously qualified to semi-final of the T20 World Cup.

Justice Ijazul Ashan observed that indeed it’s a miracle when Pakistan cricket team reached the semi-final. Makhdoom Ali Khan requested the court to adjourn the matter for next Wednesday as today there was a semi-final between New Zealand and Pakistan cricket team.

The chief justice said he did not know about it and suggested for adjourning the matter until next week due to the semi-final match but Khawaja Haris objected.