During the hearing on PTI Chairman Imran Khan’s petition against the NAB amendments in the Supreme Court of Pakistan, Justice Ejaz-ul-Ahsan raised the question that is there anyone left who has not been exempted from the NAB law?
The bench headed by Chief Justice of Pakistan Umar Atta Bandyal heard the petition of PTI Chairman Imran Khan against the NAB amendments.
Justice Ejaz-ul-Ahsan said in his remarks that the decisions of Tehsil Council Chairman and Vice Chairman have also been exempted.
Justice Mansoor Ali Shah remarked that no decision can be invalidated without proving pecuniary gain, apparently given freedom of decision making to officers and public officials.
Chairman PTI Imran Khan’s lawyer Khawaja Haris said that more than 8 billion rupees were recovered from such decision makers in the past.
Justice Mansoor Ali Shah asked if the recovery was done from public officials?
Lawyer Khawaja Haris said that there was a recovery from money grabbers for public officials.
Justice Mansoor Ali Shah said that every official decision benefits some section or the other.
Lawyer Khawaja Haris said that there is no wrongdoing as long as the benefit is not illegal, it is wrong not to take action on giving illegal benefit to a particular officer, NAB cannot lay hands on any regulatory authority and government company.
Justice Mansoor Ali Shah said that after the new amendments, NAB will be trapped in another law after escaping from the law. From your arguments, it seems that accountability can only be done by NAB, there are other institutions for accountability.
Justice Ejaz-ul-Ahsan said that the crime of misuse of powers is not in any other law.
PTI’s lawyer Khawaja Haris said that in the NAB amendments, private persons have been removed from crimes.
The Chief Justice inquired that you are saying that many crimes have been decriminalized by the amendments, how much should the remand be? How will the guarantee be? You do not object to these amendments?
Khawaja Haris said that these are good amendments, there is no objection to them.
Justice Mansoor Ali Shah asked which crimes were deleted from the NAB amendments?
Khawaja Haris replied that the crimes of assets in excess of income and abuse of power were deleted.
Justice Mansoor Ali Shah said that the crime of assets exceeding income in the NAB law is still present in the NAB law, will the court now review the design of the law?
PTI’s lawyer Khawaja Haris said that this has been exaggerated in the NAB amendments.
Justice Mansoor Ali Shah said, “How can the court attribute cleverness to the Parliament?”
The Chief Justice of Pakistan said that in a country like Pakistan, accurate tax returns are not submitted, it is not enough that the assets are more than the income, corruption in the assets that are more than the income is also necessary.
Justice Mansoor Ali Shah said that if a court comes tomorrow and says that assets in excess of income should be hanged, who will have the burden of proving the crime and how much? This debate should not be held in the court but in the National Assembly, according to the NAB law, judges are not exempted.
Chief Justice Umar Atta Bandial said that there is a balance about basic human rights, there are rights of common citizens, then there are also fundamental rights of national interest and society, you are linking the benefits of individuals with the rights of society. Yes, what will happen if the cases go to other forums? We need support on this.
Justice Mansoor Ali Shah asked Khawaja Haris that how much more time do you need to complete your arguments?
The PTI counsel replied that I will complete the arguments in 4 hearings.
The Chief Justice said that how is the NAB law harmful to the public interest? This question is important.
Khawaja Haris replied that NAB action limit can be reduced to Rs 10 crore on corruption of Rs 50 crore.
Justice Mansoor Ali Shah said that why has Pakistan Army been exempted from the NAB law? All the money and business is with the army, is the army above accountability? The biggest business in the country is the army, why did Imran Khan not raise the point of accountability of the army in the petition?
