ISLAMABAD: The Supreme Court heard a petition filed by the Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan challenging the recent amendments in the NAB Ordinance.

During the hearing, Justice Mansoor Ali Shah remarked that there are loopholes in many laws including against sexual harassment. He questioned whether the court can order to form legislation in accordance with international standards and to what extent parliament will be bound by them.

The counsel for Imran Khan, senior lawyer Khawaja Haris argued that the court has issued instructions to the parliament in many cases. He said the court has interpreted several laws in the context of international conventions.

Chief Justice of Pakistan Umar Ata Bandial said that corruption of private individuals is also mentioned in the international convention. Private individuals includes consultants, suppliers, and contractors, while false reports can be given to the government, he said.

Justice Mansoor Ali Shah told Khawaja Haris said that international conventions are formulated by the United Nations. “You are not standing in the UN,” the judge told the lawyer. Khawaja Haris replied that our reputation will be lost if laws contravene international conventions.

CJP Bandial said that earlier crimes were reconstituted and now they should be de-constituted. Khawaja Haris said that corruption cases are related to basic human rights. He said there is plundering of public money.

Justice Mansoor Ali Shah remarked that Parliament has the authority to soften the law on some occasions. “Parliament may have wisely softened the law. Sometimes laws are relaxed for economic benefits,” he added.

“Can we assume that Parliament acted wisely in taking this step?” the judge said. “We did not make the law. Those who did should deal with it.” Khawaja Haris argued that these are policy matters. Justice Ija-ul-Ahsan said that the purpose of parliament is to enact legislation.

Justice Mansoor Ali Shah said how the court can interfere in policy matters. The lawyer said that the court should see the results of NAB amendments as relief is given to those involved in serious crimes.

Justice Mansoor Ali Shah said this is an example of political science. “If they (Parliament) make wrong laws, people will reject them by voting. The decision has to be made by the people. We cannot decide what’s in public interest. This is the responsibility of the politicians.”

Chief Justice Bandial told the lawyer that international standards being referred to are not applicable to Parliament. Khawaja Haris replied that when corruption is being protected, then what will be done with the rest of the laws.

Justice Mansoor Ali Shah remarked that if a political party makes a injust law, people will not vote for it.  “This is the way of accountability of political parties in democracy. Another government can come and change the law.”

Khawaja Haris said that after the amendments, the NAB laws have become like rubbing dust in your eyes. Justice Mansoor Ali Shah asked what the court can do if the parliament relaxes a law for economic improvement or financial policy.

He said questions are also being raised against criminal action on suicide. Can the court intervene in ending criminal proceedings for suicide, he asked.

Justice Ijaz-ul-Ahsan said that if there was a debate in the parliament, the flaws would probably have been pointed out. Justice Mansoor Ali Shah said this is the main objection to Imran Khan’s conduct. He said the laws would be debated if Imran Khan remained in parliament.

Khawaja replied that PTI was present in the Senate but no debate was held there. He said NAB laws have been made in such a way that the crime cannot be proved.

Justice Mansoor Ali Shah asked where it is written in the amendments that accountability cannot be held.  Khawaja Haris replied that fundamental rights are involved in criminal cases but in corruption cases, public money is involved.

He said minimum standards must be fulfilled in accordance with international conventions against corruption and anti-corruption law can the strengthened.

CJP Bandial replied that Parliament is not bound to adhere to the international standards being referred to. Khawaja Haris said that the Supreme Court has given a decision in 1994 that the state is bound by international conventions.

The court adjourned hearing till November 8.