Justice Mansoor Ali Shah has remarked people had sent Imran Khan to assembly by reposing trust on him and how and why he left the assembly without the will of the people.
Justice Ejaz ul Ahsan remarked parliament is subordinate to constitution and Shariat. Accountability is fundamental principle of Islam.
NAB laws amendment case came up for hearing before a 3-member bench of SC presided over by the Chief Justice of Pakistan (CJ) Umar Ata Bandial here Wednesday.
Khawaja Haris counsel for Imran Khan agued accountability law for public office holders is in place since 1949. The public representatives were not given exemption in all the laws which were introduced for accountability. SC has declared corruption cancer for the country in past. NAB laws were made ineffective through amendments rather than strengthening them.
Justice Mansoor Ali Shah remarked if the parliament abolishes NAB laws then the court can do what. Has SC ordered to restore any law which was undone.
Khawaja Haris told SC has ordered to restore the law which was withdrawn in 1990. Being public office holder is a sacred obligation. Key amendments have been made in plea bargain laws. Facility has been given to those who fail to pay installment of plea bargain. Earlier action was taken against those who failed to pay the amount of plea bargain.
The plea bargain of those who fail to pay installment will stand abolished as per amendment made in the law. Following the abolition of plea bargain the accused can stand acquitted by taking advantage of amendment in NAB law.
Justice Ijaz ul Ahsan remarked parliament too is subordinate to the constitution and Shariah. If the case of the accused is less than Rs 500 millions then it will stand abolished automatically.
Khawaja Haris took the plea under the amendment the accused can demand the money back he has paid under plea bargain following his acquittal.
The CJP remarked this way the state will have to make payment of billion of rupees. Who enters in plea bargain can prove pressure on him during the arrest..
Khawaja Haris told one who has paid all the amount of plea bargain can demand back this amount. The accused can file petition that plea bargain was carried out under pressure. If plea bargain is nullified then the amount will have to be returned to the accused. It was binding on NAB to return the amount to the government or respective institution which was recovered under plea bargain. Under the amendment NAB can keep the money as long as it wills so that it could be returned to the accused.
Justice Mansoor Ali Shah raised the question is it correct to recover money from the accused through pressure.
The counsel took the plea bargain is executed with the approval of the accountability court. If there is pressure on the accused he can inform the court about it. The elected representatives can come to court if there is no work in their constituencies. They don’t go to assembly.
Justice Mansoor Ali Shah while addressing Khawaja Haris remarked the people had sent Imran Khan to assembly by expressing confidence on him. Imran Khan left the assembly how and why without the willingness of the people of his constituency. Imran Khan could raise all questions on NAB laws amendments in parliament.
Khawaja Haris argued there is no importance of raising voice in assembling. Government gets pass the law due to its majority in the assembly. No debate was held in assembly over the amendments in NAB laws.
The CJP remarked while addressing Khawaja Haris “ you have told important points today. Basic human rights and the legislation by the accused persons are important questions. The court will seek guidance from you on this matter.
The court adjourned the hearing of the case till October 06.
