Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked implementation on law in the country is being affected due to NAB amendment law.
The CJP observed “we want NAB amendment case is completed soon. Implementation on law in the country is being affected due to amendment in NAB law. The petitioner should bring application against NAB conduct. The court will take action. We want independent investigation officer and prosecutors. The law system deteriorated due to incompetence of investigation officers and prosecutors. We want to improve the legal system of the country. There were no solid facts in Imran Khan petition. The concrete facts are coming to fore daily that the cases are being returned after amendment in NAB law. 386 cases have been returned so far. The news items have come in the news papers that PTI is returning to parliament. If PTI returns to parliament then will government sit along with them.
The CJP while addressing counsel for federal government remarked “ask from your counsel should we send back the NAB amendment law matter to parliament.
A 3-member bench of SC presided over by CJP took up the case for hearing Tuesday.
Makhdoom Ali Khan counsel for federal government while continuing his arguments said he can not talk about any thing in the court without obtaining directives. All the procedure is clear and settled in parliamentary system. PTI can table NAB amendment law after returning to parliament if it wills so. There is no concept of democracy without politics. The concept of national government is there after second world war.
He said may be PTI says in parliament what amendments were made during their tenure were correct. There is no such restriction in the constitution that amendment could not take effect retrospectively. No law was nullified for the reason that intent of the members of parliament was not good. The court cannot determine the intent of the members of assembly. The clash of interests cannot take place due to nullification of legislation. Several members of parliament who approve budget are industrialists and businessmen. PTI leaders got relief due to amendments in NAB law but no one challenged it.
He said NAB case was instituted against the former Prime Minister, finance minister and chief executive of an institution. They were acquitted from the case as nothing was found against them after they were kept in jail for several years. NAB was used for political engineering in the past
Justice Ijaz ul Ahsan remarked the legislation should be enacted with consensus rather than majority vote. National interest should be kept in view in the matter of amendment in NAB law. It is hoped that government and PTI will enact legislation with consensus.
Justice Mansoor Ali Shah remarked while addressing Khawaja Haris counsel for Imran Khan why the PTI is not going to parliament. Why the SC is hearing the case of such person who is outside the parliament. Imran Khan neither wants to become part of debate of parliament nor does he accept its decisions. Why court should decide the case of the person who does not want to become part of parliament. The entire system is becoming freezed due to decisions of one man. Can the cases which are returned not go to some other forum.
Khawaja Haris took the plea that PTI came out of parliament under a political decision. It will be premature to say any thing now.
The court adjourned the hearing of the case till January 18.
