Why NAB's authority was placed only on the elected public office holder. Justice Athar Minullah, if you were so honest, why did you grant amnesty? Chief Justice Qazi Faiz Isa's conversation with Imran Khan's lawyer.
Thursday June 6, 2024
Salamabad (Urdu Point Latest News - NNI. 06 June 2024) The Supreme Court has reserved its decision on the government's appeals against declaring the amendments in the National Accountability Bureau (NAB) laws invalid. A 5-member bench headed by Chief Justice Qazi Faiz Isa The bench heard the case. Justice Aminuddin, Justice Jamal Mandukhel, Justice Athar Manullah and Justice Hasan Azhar Rizvi were part of the bench. Former Prime Minister Imran Khan was produced in the court through video link.
At the beginning of the hearing, judicial assistant Farooq H. Naik said that I have prepared my written submissions, Chief Justice Qazi Faiz Isa remarked that you should submit your submissions in the court, are you supporting the decision Farooq H. Naik said that I am supporting Justice Mansoor Ali Shah's note.
The Chief Justice inquired whether you are adopting the arguments of Makhdoom Ali Khan. Farooq H. Naik said that my stand is the same but the arguments are my own. The court has written its arguments on the decision.
After Farooq H. Naik, Imran Khan's lawyer Khawaja Haris came to the rostrum, Khawaja Haris started the arguments, on this occasion the Chief Justice asked him to tell which fundamental right was affected by the NAB amendments. In the main case I have explained the violation of fundamental rights in detail, NAB amendments are violation of Article 9, 14, 25 and 24.
Khawaja Haris said that the accountability bureau existed even before Musharraf, on this Justice Athar Manullah said that why the authority of NAB was given only to the elected public office holder, why the authority of NAB was not given to the non-elected public office holder Chief. The justice remarked that do you only want political accountability, Khawaja Haris said that we did not challenge NAB Ordinance 1999, we challenged NAB Amendments 2022, arguments on bench and intra-court appeals are admissible. Granted, the main petition was hearable in the Supreme Court.
On this occasion, Justice Athar Manullah inquired that which fundamental rights have been affected by the NAB amendments, do you have full confidence in the NAB? Khawaja Haris said that I will argue that the minority opinion was not correct. Justice Athar Manullah inquired whether you are satisfied with NAB remand in 90 days, are you in favor of NAB's action even on corruption less than 50 crores. At that time, the discussion was going on whether the authority is mine or someone else's, they go out and become big lions, no one comes forward and speaks, there should not be politics in principled position.
On this, Justice Athar Manullah said that the judges of the Supreme Court were monitoring judges, there was a JIT in this case, which also had powerful agencies like ISI and MI, tell me what happened to this case, you are the lawyer in this case. To this, lawyer Imran Khan replied that despite the involvement of powerful institutions in the JIT, nothing could be proved. Later, Justice Jamal Khan Mandukhel said that if someone built a house, he would not have the receipts. Asking for a receipt is not the same as blackmailing someone. Justice Athar Minullah said that if you tell him who was a client in your main case today to answer all the assets, it will be difficult for you. Talked to the lawyer that if you were so honest, then why amnesty is given as an example of Britain, tell me why amnesty is not given there. On this occasion, the federal government denied the statement of former Prime Minister Imran Khan about not giving access to lawyers. .
The federal government has submitted additional documents to the Supreme Court to deny the position of Imran Khan, the federal government has also submitted the list of meetings of the family and legal team with the founder of PTI. According to the report of the federal government, the founder P. TI adopted the position of not giving access to lawyers in the Supreme Court, the stance of Imran Khan being in solitary confinement is also wrong, if the court deems it appropriate, it can also appoint a commission to check the statement and reality of Imran Khan.
According to the report, all necessary facilities including books, air cooler, TV were provided to the former prime minister in the jail. Later, Justice Athar Minullah remarked that Khawaja Sahib should write down which NAB amendments he had challenged. Challenged the amendment in section nine a five, you challenged the deletion of section 14, Khawaja Haris said that we challenged the retroactive application of the amendments in section two, sections 4, 16, 21. G and challenged the amendment in Section 25D.
On this occasion, Justice Jamal Mandukhel said that among these amendments, which Imran Khan himself continued to make in the ordinance, were they challenged and if so, why was it made? Later, Khawaja Haris wrote the details of the amendments. Justice Athar Manullah said that the amendment in Section 19A-5 was repealed because of which fundamental right was affected. Imran Khan's lawyer said that nine A-5 deals with assets in excess of income, in this case the prosecution only has to prove the difference between a person's sources of income and his assets, the difference between income and assets has to be justified by the public office holder.
Justice Athar Manullah said that in one case of assets, the Supreme Court appointed a monitoring judge, a powerful JIT was also formed, then in this case you were the lawyer of the accused and I was the judge. Now, in the amendment, NAB has been required to prove corruption in the assets, how has this amendment affected the basic rights of anyone?
Later, the court adjourned the case, after the resumption of the hearing, Imran Khan's lawyer Khawaja Haris started arguments again. On this, Chief Justice Qazi Faiz Isa asked how much more time Khawaja Haris wanted. said that I need two hours. Justice Jamal Mandukhel inquired whether it was not the power of parliament to make amendments. If there was no PCO, maybe then the whole NAB rules would have been blown away. Makhdoom Ali Khan, the lawyer of the federal government, submitted a list. According to Khan, if they amend it, it is wrong, if PTI does it, then it is right.
On this, Khawaja Haris said that he will talk about the amendments of 2019 later, Justice Jamal Mandukhel further inquired that where will the cases that come out of NAB go, Justice Athar Manullah inquired that NAB should give us a list. Which cases will be transferred to which court? Justice Aminuddin Khan said that which crimes have been abolished in the amendments. Chief Justice Qazi Faiz Isa said that the FBR is already there in the country. You give amnesty on the issue of FBR, the Election Commission has made separate statements of assets, why the details of income tax are not asked, why is it not going to that? How rights were affected by the amendments The draconian powers were withdrawn from the NAB by the amendments.
On this, Chief Justice Qazi Faiz Isa said that you are wearing a gold Rolex, if the investigator asks you where you got it from, the entire burden will fall on you. No. Justice Athar Minullah inquired that why do you want NAB to take action on every case, why do you trust NAB so much? The Chief Justice said that you have to show us what was unconstitutional in the amendments. only structured the assets section, if she wanted, she would have deleted it, is there an institution like NAB in Britain, then why do you have so much confidence in NAB? Imran Khan's lawyer replied that there is a difference between NAB law and those who run it. "I don't trust NAB, I am talking about the law," the second Caliph was asked about his actions.
Justice Jamal Khan remarked that our Khalifa was asked by the common man, the common man can ask even today, the lawyer said that the common man is poor and weak. Justice Jamal Mandukhel remarked that Why are you calling the power of the people, the power of the voter weak? Later, Khawaja Haris said that after the amendment, 9A5 was excluded from the definition of crime, Justice Athar Manullah said that Justice Mansoor in his note. Wrote that the cases will go to other forums, on this the Chief Justice remarked that the amnesty was not granted by the Parliament, the lawyer said that the amnesty did not end the criminal aspect.
Justice Jamal Mandukhil said that amnesty is also the option of voluntary return of crores of rupees by embezzling billions of property. Lawyer Khawaja Haris said that amnesty is the policy of the government. On why Parliament cannot finish that work, lawyer Khawaja Haris said that the implementation of voluntary refund has been stopped by the Supreme Court, the amount of voluntary refund and plea bargain is determined by Chairman NAB.
Later, the Bahria Town Karachi case was referred by lawyer Khawaja Haris. He discovered that there was a plea bargain in the Bahria Town case or a voluntary return of 460 billion rupees, and the reference was dropped by the Supreme Court. Justice Atharmanullah. said that if all the cases go to the relevant forum, is there any objection? The lawyer replied that the cases cannot be transferred without canceling the NAB amendments. During the court case, the NAB amendment regarding the transfer was not examined.
On this occasion, Chief Justice Qazi Faiz Isa said that it is possible that NAB amendments will benefit you, Khawaja Sahib, you have a record, the case was heard in fifty-three hearings. The lawyer said that amnesty is under the Protection of Economics Act. Chief Justice Qazi Faiz Isa remarked that a person convicted of NAB became the governor by plea bargaining. Justice Jamal Khan Mandukhel remarked that they should sit for one thing for the nation, fix the NAB law again in the joint session. .
Justice Athar Minullah said that the problems should be resolved by sitting together. On this, Judicial Assistant Farooq H. Naik said that the President of the State talked about solving the problems through dialogue but no one sat down. Talked to him that you should sit down. Along with this, the arguments of Khawaja Haris were completed, after which the court took a short break in the proceedings.
During the hearing, Justice Athar Manullah referred to the decision of the Supreme Court which did not grant the right to bail in the NAB case in the past. The truth is. Justice Jamal Mandukhel said that no one has forbidden the Parliament not to tighten or relax the NAB laws. Tomorrow any Parliament can tighten the NAB laws. We should listen to you and finish the amendments. Tomorrow Parliament NAB. What will happen if the law is abolished? If there was no martial law in 1999, the NAB law would not have existed today.
Justice Athar Manullah said that before the NAB Ordinance 1999, the Accountability Act existed, it was like that, the purpose of the Accountability Act was also to target political opponents. The Supreme Court directed lawyer Khawaja Haris to complete the arguments in 7 minutes. Khawaja Haris said that the Parliament cannot make such laws that destroy public trust. Justice Jamal Mandukhel said that who will see people commit corruption in the NAB institution, Khawaja Haris said that the institution cannot be imposed on the institution.
The Chief Justice remarked that you have to trust someone, since court decisions have not negated the authority of Parliament. With this, the arguments of Khawaja Haris were completed, after which the court took a short break in the proceedings. After the hearing resumed, the Chief Justice spoke to the PTI founder asking if you can hear us, do you want to say something more about the case.
Founder PTI said, "Do you think I scored political points on the last hearing? I was hurt. I was told that I am an irresponsible character, so it will not be broadcast live. The Chief Justice said that the court Not explaining his decision, you can file a revision appeal, Imran Khan said that I am not such a dangerous person.
Justice Aminuddin said that Khan sir you got unnecessary relief, you just stay on the case. You can file a revision appeal. The PTI founder said that I oppose the government's appeal in the NAB amendment case. Justice Athar Manullah said that if the amendments are made, it will be my loss. Undervalued, my watch worth 2 crore rupees was shown for 3 billion rupees.
The former prime minister said that I say that the NAB chairman should be appointed by the Supreme Court. If the government and the opposition do not agree on the NAB chairman, then the third umpire is appointed. After that, the NAB remains under the third umpire. He said that NAB in our era. I was also not under our, democratic system in Britain is about ethics, rule of law, accountability.
Justice Jamal Mandukhil asked the founder of PTI what do you say that Parliament can amend or not. The founder of PTI said that Form 47 cannot be amended. The cases are pending. Justice Athar Manullah said that there was no reason for Mr. Imran Khan to cancel these amendments, you may not have read my note, what is left after your statement regarding NAB, Imran Khan. What will be your trust in NAB, on which the founder of PTI said that after what NAB did to me in 5 days, what will be the trust, after going to jail, more maturity has come, this is the situation of the system even twenty seven years ago. Because of which he came into politics, seven thousand billion dollars of poor countries are being read abroad, this has to be stopped, names have also come in Dubai leaks, money is going out of the country.
Justice Jamal Mandukhel said that Imran Khan's words scare me too, the situation is so dangerous, so sit down and solve it with fellow politicians, when there is a fire, you don't see whether it is pure or impure, first you put out the fire. Imran Khan said that in India, Arvind Kejriwal was freed and allowed to fight the elections by suspending his sentence, I was expelled from the elections by giving sentences within 5 days. According to private TV, Justice Athar Minullah said that unfortunately you are in jail, people have hopes from you. Imran Khan said that if I speak from the heart, we are all looking at you, unannounced in Pakistan. Martial law has been imposed.
