ISLAMABAD
Supreme Court (SC) has reserved judgment on PTI chairman Imran Khan petition against NAB amendment. Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked it can be estimated from the reasons for withdrawing NAB amendment that tilt is towards where.
He gave these remarks while presiding over a 3-member bench during hearing of Chairman PTI petition against NAB amendment here Tuesday.
The other two members of bench are Justice Ijaz ul Ahsan and Justice Mansoor Ali Shah.
At the inception of hearing of the case counsel for chairman PTI told the court written submissions have been filed.
The CJP Umar Ata Bandial while inquiring remarked have you read NAB report. NAB has told the reasons in respect of the references which were returned till May. It can be assessed from the reasons for returning the reference tilt is towards where. All have come on record the references of which personalities have been returned.
The CJP remarked one amendment came in May and second in June in section 23 of NAB law. The references which were returned before May are still held by NAB. Who will give reply to these questions from NAB side.
NAB special prosecutor said in his reply to question that additional prosecutor general will reach within some time.
Khawaja Haris said several pending cases were returned after amendments.
The CJP remarked too much work of NAB has been finished after amendment.
The CJP inquired has NAB legal powers to send the cases.
Lawyer Khawaja Haris replied NAB has no powers to deal with the cases after NAB amendment. NAB has no legal powers to send the cases.
Justice Mansoor Ali Shah remarked it is not so that if cases are finished in NAB then accused can go home . Will the matter not go to respective forum if murder is committed in NAB office. There is no need of any law to send the cases. What cases have been made will go to some forum.
The lawyer Khawaja Haris said all the persons have gone to home after the NAB cases have been withdrawn. It was said I had benefitted from them personally. Had I benefitted from NAB amendment then I would not have stood before court.
The CJP remarked we are not seeing conduct of the petitioner. We are seeing has the public interest not been violated due to law.
Justice Mansoor Ali Shah inquired again if Attorney General is coming.
Additional attorney general told the court attorney general is outside the country.
Justice Ijaz Ul Ahsan remarked the cases running in accountability courts were freezed.
The lawyer Khawaja Haris said chairman PTI is not benefitting from NAB amendment. Defence is easy under amendment. We have told NAB we will not benefit. The reply filed in NAB is part of judicial record.
Justice Ijaz ul Ahsan remarked the pending investigations have been put into cold storage after amendment. The rights of people will be directly affected till the formation of mechanism.
The CJP remarked making people prosperous and secure is responsibility of state. The case of the petitioner is this the sentence of crime has been changed. Can the crimes be eliminated through application of NAB amendment retrospectively. What is objective of retrospective implementation of law. Its objective is this criminal says his punishment has finished therefore, his money be returned.
Justice Mansoor Ali Shah inquired can SC say to parliament the law was enacted on ill will.
Justice Ijaz ul Ahsan remarked parliament is not allowed to do all.
The CJP remarked NAB law should have been clear. What is its solution if law is not clear. Can vague law stay.
Justice Mansoor Ali Shah again inquired can SC return the laws to parliament again.
The CJP remarked parliament is too much supreme. Learning the lesson from the past we don’t take suo motu notice.
The court reserved the judgment.
The CJP remarked decision of the case will soon be announced.
