ISLAMABAD: The Supreme Court on Tuesday sought the complete record from the National Accountability Bureau of high-profile cases of 23 years, from 1999 to 2022. It directed the NAB’s additional prosecutor general to provide a comprehensive statement on cases of corruption wherein the decisions of the apex court were maintained.
The court also ordered submission of a report on completion of reference sand cases remanded back from the accountability courts to it after new NAB laws. A three-member bench of the apex court, headed by Chief Justice Umer Ata Bandial and comprising Justice Ijazul Ahsen and Justice Syed Mansoor Ali Shah, heard the petition of Pakistan Tehreek-i-Insaf (PTI) challenging the amendments made by the coalition government to the National Accountability Ordinance (NAO) 1999.
During the course of hearing, Chief Justice Umer Ata Bandial said that accountability is very much necessary and it is the obligation of the state to ensure basic fundamental rights of citizens.
“We are aware of several mafias in the country and they may be corrupt or not, but I don’t want to name them but they create unrest and disturbance,” the chief justice remarked, adding that accumulation of wealth and properties was unchecked.
He said that these are political issues that must be resolved by parliament. Khwaja Haris, counsel for Pakistan Tehreek-i-Insaf, while advancing his arguments, submitted that after the amendments, the definition of benamidaar has been made very complicated.
Justice Mansoor Ali Shah asked how the amendments under challenge have infringed upon the fundamental rights of citizens. “And under what constitutional provision we can set aside the new NAB laws.”
The counsel submitted that the matter revolves around important political figures involved in corruption cases, adding that wherever the matter relates to public money, the matter falls under the domain of fundamental rights.
The counsel submitted that economic policies should be framed in such a manner so that the fundamental rights of people could not be affected. The chief justice, however, said that it was not the job of the apex court to look into economic policies, adding that if someone commits an offence, then the procedure for a fair trial is available in a court of law.
“Let me make the question very simple,” Justice Mansoor Ali Shah, while asking the counsel, said, “Suppose parliament settles a limit for the volume of corruption which could be dealt with by the NAB. Now the question arises how the rights of an ordinary citizen have been affected and what is the nexus of ordinary citizens with the legislation.”
The counsel responded that the new NAB laws benefit those whose cases were pending with the anti-corruption body. “Can you give us any citation of any case whereby the court has set aside the new laws and restored the old one?” Justice Mansoor Ali Shah asked.
“How the court set aside a law made by parliament on the application of an ordinary citizen,” Justice Shah asked. Khwaja Haris replied that the court can set aside a law that relates to public money.
The chief justice noted that taxes were collected on properties and wealth all over the world, but the wealth tax was abolished in the United States in 2021, and that the accumulation of wealth and properties was uncontrolled and unaccountable.
“But these are all political in nature, which could be better settled by parliament and the court cannot dictate parliament,” the CJP said. “Corruption prevails everywhere in the world and there are flaws in laws where government servants were targeted and they were also acquitted,” the chief justice observed.
The chief Justice said some business communities were unhappy with the kind of attitude adopted by the NAB while there were some things in the amendments under challenge that also benefited people. But at the same time, some were critical amendments that eliminated the offences of accused persons.
“So we have to make a balance while examining all the pros and cons of the matter at hand,” the CJP remarked. Justice Ijazul Ahsen, another member of the bench, observed that the amendments actually create loopholes deliberately with the objective of benefiting a certain class that will greatly affect the fundamental rights of citizens.
“The fundamental rights are governed by good governance and the loopholes in the NAB amendments can affect good governance,” Justice Ahsen remarked, adding that people are being protected against whom several cases of corruption were filed by the anti-graft body.
Khwaja Haris, while advancing his arguments, recalled that in the matter of the extension of the army chief, the apex court had asked parliament to make legislation. However, Justice Mansoor Ali Shah said that no law is available for extension of the army chief, and hence they had asked parliament for legislation.
Justice Shah asked the counsel about the views of ordinary citizens on the NAB amendments, as fundamental rights directly involve ordinary citizens. The counsel responded that cases involving the public worth billions of rupees were pending with the NAB and that, with the amendments to the NAB laws, these cases would be quashed.
Justice Mansoor Ali Shah asked the counsel if these amendments have affected the rights of people and if the old law should be restored. Khwaja Haris replied that the state says that people should be made accountable for their wrongdoings. Meanwhile, the court adjourned the hearing for Wednesday (today) till 1pm.
