SC allows video-link facility for PTI founder in NAB amendment case
Pakistan
The PTI founder said he wanted to present his arguments in the case
ISLAMABAD (Dunya News) - The Supreme Court of Pakistan on Tuesday allowed video-link facility for the Pakistan Tehreek-e-Insaf (PTI) founder in the National Accountability (NAB) Ordinance 1999 amendment case.
"The PTI founder can present his arguments in the upcoming hearing via video link if he wishes to do so [...] arrangements should be made for presentation of arguments via video link," Chief Justice of Pakistan Qazi Faez Isa said.
He said so during the hearing of the federal government's intra-court appeal filed against the apex court's 2023 verdict which annulled some of the NAB amendments.
The bench includes Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Hasan Azhar Rizvi.
It may be recalled that the PTI founder had challenged the amendments made to the National Accountability Ordinance (NAO) 1999 by the PDM government. Then chief justice Umar Ata Bandial-led bench ordered restoring all graft cases worth less than Rs500 million that were closed down against the political leaders belonging to the ruling coalition parties and public office-holders. The government governmnet challenged the verdict of Justice Bandial and and the PTI founder wanted to present his arguments in the case.
TODAY'S PROCEEDINGS
At the outset of the hearing, a letter by the PTI founder was presented before the court in which he had prayed the court to allow him to present his arguments in person.
The Chief Justice said that according to the letter, the PTI founder wanted to appear before the court in person.
Justice Jamal Mandokhel said that he [PTI founder] has to decide whether he wanted to appear in person or through a lawyer.
Justice Athar Minallah remarked that if the PTI founder wanted to appear in person he should be brought here. He was a party to this case, how can we deny him the right to appear before the court. This is a case regarding NAB and it is his right to appear in person.
CJP Isa observed that this is a constitutional matter and not a case of personal rights. We have to see how can a person who is not even a lawyer help us? Our order was that he could present arguments through his counsel.
He said he was adjourning the hearing for five minutes and discuss the letter.
When hearing resumed after the break, CJP Isa allowed the PTI founder to appear through video link.
Advocate Makhdoom Ali Khan argued that the amendments made by the federal government have been declared null and void, that’s why it is the affected party. Justice Minallah asked him how the government is an affected party. Only the aggrieved person can appeal.
The Chief Justice said that this is a matter of amendments to provisions of the law.
Justice Minallah said that this appeal is not admissible under the Benazir case.
Chief Justice Isa asked that someone misappropriated millions of rupees [a possible reference to Rs500 million corruption]. Is there any precedence in the world that the legislators have determined the amount?
Justice Minallah asked that where will the trial of those 25 references be conducted? Is it not an interference in provincial autonomy? The conduct of NAB in 1999 was a violation of human rights.
Justice Mandokhel asked whether NAB is accountable to anyone in the country?
Justice Minallah said that corruption is a big problem and the NAB has failed to arrest it.
Later, the court adjourned the hearing on the intra-court appeals till May 16.
BACKGROUND
The amendments made to the NAB Ordinance 1999 not only reduced the four-year term of bureau’s chairman and the prosecutor general to three years, but also placed all regulatory bodies functioning in the country out of the NAB’s domain.
Under the amended law, the term of accountability court judge was set at three years and the court was bound to decide a case within one year.
The PTI founder in his petition prayed that the amendments be struck down on grounds that they were unconstitutional. He argued that amendments to sections 2, 4, 5, 6, 25 and 26 of the NAB law are against the constitution, along with amendments made to sections 14, 15, 21 and 23.
He contended that amendments to the law are contrary to the fundamental rights under articles 9, 14, 19, 24, 25.
A three-member bench was formed on July 15, 2022. The first hearing of the case against the NAB amendments was held on July 19 after Advocate Khawaja Haris filed an application under Article 184/3 against the NAB Ordinance amendments.
Both the federation and NAB were made parties in the petition.
