SC judge questions 'eagerness' to find flaws in NAB amendments

Supreme Court Justice Mansoor Ali Shah remarked on Friday that there appeared to be an "eagerness" to "find flaws" in the amendments made to the National Accountability Bureau (NAB) laws. The observation was made by Justice Shah during the hearing of a petition filed by the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against amendments to the National Accountability Ordinance (NAO). The petition is being heard by a three-member special bench comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Shah. The PTI chief had challenged the National Accountability (Second Amendment) Act 2022 passed by the Pakistan Muslim League-Nawaz-led coalition government. Later, a report submitted by the graft buster to the apex court revealed that the NAB ordinance had ended up solving over 90 per cent of the cases, including high-profile ones, that it was dealing with. The PTI heavily criticised the PDM's decision to approve the amendments, denouncing it as an attempt to limit the graft buster's authority. Further, in July of last year, the federal cabinet passed the National Accountability (Third Amendment) Bill for 2022. This bill further restricted NAB's role in corruption cases involving amounts exceeding Rs500 million. Additionally, it rescinded the president's ability to appoint judges for the accountability court. During earlier proceedings, heading the bench, the CJP had observed that the amendments made to the NAO in July this year “are dubious”. Meanwhile, Justice Shah threw his weight behind the forming of a full court to decide the matter, emphasising the need for the apex court to decide the SC (Practice and Procedure) Act first. Today, CJP Bandial observed that “the returning of NAB references before May 2023 is a serious matter" as he noted that a list of details about the said cases already lay before the SC. “The issue is that we have to resolve this matter today. We only have until 12:30 today due to Friday.” Subsequently, the CJP directed the PTI counsel Khawaja Haris to complete his arguments by half past 12. Upon this, the additional attorney general said that the attorney general has said that he would take some of the court's time on Monday. Read Key verdicts pending in CJP’s twilight days Justice Ahsan however dismissed the request saying that the SC did not have time until Monday and directed the AGP to submit a written response instead. Justice Shah, on the other hand, remarked that "the parliamentary democratic system is the main component of the Constitution of Pakistan" in a reference to his comments yesterday questioning how "17 unelected judges" of the apex court could declare parliamentary legislation, endorsed by the country's 250 million people. "I get the feeling that deliberate efforts are being made to find flaws with the NAB amendments," he added today. "Let the parliament and the judiciary run in their own fashion," the judge added. "The next general elections are upon us," he said, "to me, there is only one solution: that we allow for the next parliament to come in and reverse the amendments. Otherwise, the entire system would break down." "The only solution is to not vote such people into office again," said Justice Shah. On the other hand, CJP Bandial lamented how the amendments had arbitrarily benefitted and harmed certain business personalities. "The NAB law was misused against some businessmen, I have the names of businessmen who have been harmed," the CJP remarked. "The NAB law was misused against persons doing business in accordance with the law," he regretted, "it is not right to change the nature of a crime. Corruption is harmful to society and people." Justice Shah remarked that "it seems as though all efforts to find flaws with the NAB law have been exhausted but nothing of use could be found. Let some things just be." CJP Bandial however stressed that the matter pertained to fundamental rights and therefore required the court's due attention. "A parliamentarian is the trustee of the people," responded Justice Shah, "The gravest violation then is how a person simply got up and left the parliament at his own will". The PTI lawyer argued that the decision to stay or leave the parliament would have to be a political one. However, Justice Shah questioned the "good faith" of the petitioner saying, "How could he abandon his constituency?" CJP Bandial remarked that relief was being granted from NAB "like presidential pardons" and "those with malicious intent are being given powers". "By protecting black money, many people are saved by the system. It is the responsibility of the state to create a just and fair society; it is the responsibility of the state to ensure that criminals do not walk free," he added. "There is direct evidence that NAB law was misused in the past, government officials were protected from NAB through legislation," he continued, "The auditor general is the main constitutional body, a strong [person in the] auditor general's office can also look into the accounts of the provinces. Fundamental rights were not directly violated by the NAB amendments, but there is definitely an aspect of indirect rights being affected by the NAB amendments". After arguments were heard by the bench, the court adjourned the hearing of the case till Tuesday. NAB report submitted before SC During the hearing, NAB submitted a report before the apex court regarding the accused who benefited from the amendments. The details of the beneficiaries were presented before the SC. According to them, 12 references were transferred from NAB courts till August 30 this year. According to the report, former president Asif Zardari and former prime minister Shahid Khaqan Abbasi are among the beneficiaries of the amendments. NAB cases of Omni Group head Khawaja Anwar Majeed, Khursheed Anwar Jamali and Sindh Building Control Authority (SBCA) ex-DG Manzoor Qadir Kaka were transferred. The case of former Pakistan Stock Exchange Chairman Hussain Lawai, the main suspect in the fake accounts case, was also left out of the scope of NAB. The Park Lane reference against Asif Zardari was returned by the accountability court after amendments, while the NAB case against Abdul Ghani Majeed of the Omni Group was also returned by the accountability court. This year, a total of 22 cases were returned from the accountability courts, while 25 cases were transferred to other forums in the light of the amendments.