Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday said the \u201csolution of all issues of the country is only possible through the people\u2019s decision\u201d as he heard PTI Chairman Imran Khan\u2019s petition against the August 2022 amendments to the National Accountability Bureau (NAB) ordinance.
\nA three-member Supreme Court bench \u2014 comprising CJP Bandial, Justice Syed Mansoor Ali Shah and Justice Ijazul Ahsan \u2014 resumed hearing Imran\u2019s plea, which claims the new NAB laws are a \u201cviolation of fundamental rights\u201d.
\nAt the outset of the hearing today, discussing the general elections, Justice Bandial said: \u201cThe solution of all issues of the country is only possible through the people\u2019s decision. Eight months have passed since the incumbent government came to power.\u201d
\nHe referred to a prior ruling of the Election Commission of Pakistan (ECP) saying: \u201cThe ECP had stated in the speaker ruling case that they would be ready to conduct elections in November 2022.\u201d
\nThe CJP asserted: \u201cThe current parliament has been systematically kept incomplete. The legislation taking place in the current parliament is also becoming controversial [as a result].\u201d
\nAfter hearing the arguments, the three-member bench adjourned the next hearing till 11am on Feb 10 (tomorrow).
\nThe hearing
\nArguing that Imran did not have the right to lodge the petition, the federal government\u2019s lawyer, Makhdoom Ali Khan, said: \u201cThe court should remain cautious about Article 184(3) of the Constitution.
\n\u201cIf the court suspends legislation over any petition under Article 184(3), the standard will drop. The authority of Article 184(3) exists in public matters.\u201d
\nCJP Bandial responded: \u201cThe realities of the present case are different. The chief of the country\u2019s biggest political party has challenged the NAB amendments.
\n\u201cThere is intense political tension and crisis in the country. The PTI first applied the strategy of leaving parliament. Then, it was not known why they decided to return to parliament.
\nThe petitioner Imran Khan is no ordinary citizen. Even after leaving the government, he has enjoyed enormous public support.\u201c
\nCJP Bandial stated that the judiciary did not want to meddle in the legislative either and that it had not taken notice itself but a petition had been filed. He highlighted that the court had rued its decision once before as well.
\n\u201cOnly one prime minister has come in Pakistan\u2019s history who was considered very honest. One honest prime minister\u2019s government was ended through 58 (2b). Article 58 (2b) was a draconian law. The court had said in 1993 that the government was [sent packing] in the wrong manner but only elections should be conducted now,\u201d the CJP said.
\nHe added: \u201cThe PTI chief is not in the assembly and legislation like the NAB amendment is now becoming controversial.\u201d
\nJustice Bandial asserted that it was not about Imran\u2019s right to challenge the verdict, and he dismissed the same objection raised by the federal government\u2019s lawyer.
\nMeanwhile, the government\u2019s lawyer said: \u201cThe court has to determine what is the standard of cases regarding fundamental rights. Can anyone challenge legislation based on assumptions?\u201d
\nReplying to this, the CJP reiterated that Imran was no ordinary man but \u201cthe chief of a huge political party of the country and was a former prime minister\u201d.
\nJustice Bandial added: \u201cHis party decided to resign from the parliament due to political conflicts. His party then changed its mind and now they want to return. But they are not a part of parliament right now. But parliament is there.
\nRemarking that corruption existed in the country since the \u201cfirst day\u201d, he recalled how an \u201cextremely sincere prime minister\u2019s government was ousted under Article 58(2b)\u201d.
\nThe CJP highlighted that the judiciary of that time recognised the ouster as wrong but still allowed the elections to be held, facing \u201cgreat criticism on its decision\u201d.
\nJustice Bandial reiterated that the Chief Election Commissioner Sikandar Sultan Raja had assured him in November last year that the electoral body was \u201cready to hold elections any time\u201d.
\n\u201cNow, it is February 2023; the parliament\u2019s period is till August. If this party could not raise an objection in the parliament on such a controversial amendment, then it is their privilege that they challenge it in the court,\u201d he asserted.
\nJustice Bandial said the judiciary was cautious in reviewing legislation which is why it did not take suo motu notice but the current hearing was being held at a party chief\u2019s petition.
\nIn response, the federal government\u2019s lawyer said: \u201cNever in history has a politician lost a game, exited parliament and come to the court. Politics was pushed into the judiciary and vice versa.\u201d
\nJustice Shah then asked him: \u201cA person who is in the minority and his rights are being affected, where else will he go other than the court?
\n\u201cWhatever is necessary, let the people decide upon it.\u201d
\nThe lawyer insisted that \u201cclarity in the law was necessary\u201d before the elections. \u201cAfter leaving parliament, everyone has the right to contest elections on more than one seat in the elections. In India, a person is allowed to contest elections on just one seat,\u201d he highlighted.
\nHe argued that whether a candidate lost or won in case of contesting on more than one seat, it resulted in the wastage of the people\u2019s money.
\nTo this, Justice Bandial responded: \u201cZulfikar Bhutto also contested on more than one seat. Bhutto won the seat without any competition so the other elections took place according to the schedule.\u201d
\nThe government\u2019s lawyer replied that it was a matter from before 1970 and that the nation \u201cpaid the heavy cost of Bhutto winning without competition in the form of 11 years of Zia\u2019s reign\u201d.
\nHe further said: \u201cNo court alone can save democracy. An article was written in an international newspaper 40 years ago, according to which, neither do people want to make politicians their identity nor want the judges to reign.\u201d
\nHe asked that the \u201cjudiciary should not rule\u201d to which Justice Bandial replied the \u201cjudiciary never wanted to rule\u201d.
\nThe CJP remarked: \u201cA political vacuum is difficult for the people. When there is a political crisis, the judiciary has to intervene. The people want a government free of corruption.\u201d
\nAt one point during the hearing, the federal government\u2019s lawyer said when Imran left the government, the amendments were already under a standing committee.
\nHe argued that the incumbent government had only passed the amendments left behind by Imran.
\n\u201cDuring the PTI\u2019s tenure, five NAB ordinances were introduced in 2021. Imran Khan has only challenged the NAB amendments after losing the government.
\n\u201cWho knows, maybe he\u2019ll come to the court and say that he did not even read the NAB amendments,\u201d the lawyer remarked.
\nNAB law amendment
\nThe NAB (Second Amendment) Bill 2021 states that NAB\u2019s deputy chairman, to be appointed by the federal government, would become the acting chairman of the bureau following the completion of the tenure of the chairman.
\nThe bill has also reduced the four-year term of the NAB chairman and the bureau\u2019s prosecutor general to three years. After approval of the law, NAB will not be able to act on federal, provincial or local tax matters. Moreover, the regulatory bodies functioning in the country have also been placed out of NAB\u2019s domain.
\nIt says that \u201call pending inquiries, investigations, trials or proceedings under this ordinance, relating to persons or transactions \u2026 shall stand transferred to the concerned authorities, departments and courts under the respective laws.\u201d
\nIt has also set a three-year term for the judges of the accountability courts. It will also make it binding upon the courts to decide a case within one year. Under the proposed law, it has been made binding upon NAB to ensure the availability of evidence against an accused prior to his or her arrest.
\nAccording to one of the key amendments, the act \u201cshall be deemed to have taken effect on and from the commencement of the National Accountability Ordinance 1999\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":"
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