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CJP Bandial says NAB amendment law should be referred to Parliament

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Supreme Court of Pakistan head the petition.

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  • SC heard the petition filed by PTI Chairman Imran Khan
  • CJP Bandial advised referring the matter to parliament
  • Court issued notices to respondents and adjourned hearing till July 29
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ISLAMABAD: The Supreme Court of Pakistan on Tuesday heard a petition by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against the NAB Amendment Ordinance 2022.

A three-member bench headed by Chief Justice of Pakistan Umar Atta Bandial and comprising Justice Ijaz-ul-Ahsan and Justice Mansoor Ali Shah heard the case.

The counsel for PTI chairman, Khawaja Harris, appeared before the bench. He said strenuous efforts have been made by those who brought the ordinance. Law Minister Azam Nazeer Tarar said there is a there is a court verdict in support of the amendments.

Justice Mansoor Ali Shah disagreed with the law minister’s observations. Justice Ijaz-ul-Ahsan said some amendments were passed in haste. The court issued notices to the Law Ministry, NAB and other respondents in the case and adjourned hearing till July 29.

CJP Bandial said the matter of revisiting the NAB law shall be returned to Parliament as there is no alternative to the forum. “In my opinion, this matter will be referred back to Parliament. There is no substitute to Parliament,” he said.

The top judge said NAB law does not only related only to public office and the work of the government should go ahead and they cannot take away their powers.

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Justice Mansoor Ali Shah said the NAB law has created obstacles in many cases. CJP Bandial said the court can nullify the law for a specific case but the amendments have been made by the Parliament.

PTI Vice Chairman Shah Mahmood Qureshi appeared before the bench. CJP Bandial said the nation has huge trust in them as public representatives and they should think about the constitution. He said the nation will move forward when parliament is functional.

Justice Ijaz-ul-Ahsan asked Qureshi to raise this matter in Parliament. Justice Mansoor Ali Shah told Qureshi the people’s trust in him as public representatives has not been fulfilled.

Qureshi said the NAB law was discussed in parliamentary committees before being passed. The judge said he was referring to before the no-confidence motion was passed.

Lawyer Khawaja said the court also has to take into account the United Nations anti-corruption conventions. He said most of the cases are related to abuse of power and assets beyond means of income.

He said the amendment will benefit those in authority and no cases can be lodged against them. He asked if the parliamentarians have the prerogative to make laws that benefit themselves.

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The PTI chairman had filed a petition in the apex court under Article 184 (3) of the Constitution, claiming that the NAB Amendment bill has eliminated white-collar crime committed by a public office holder”.

A joint session of parliament last month passed the Elections (Amendment) Bill, 2022, which curtailed the powers of the anti-graft watchdog and reduced remand days among other amendments.

 

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