Why NAB's authority was kept only on elected public office holder Justice Athar Minullah If you were so honest then why did you grant amnesty Chief Justice Qazi Faiz Isa's conversation with Imran Khan's lawyer The federal government is not giving access to Imran Khan's lawyers Denied, submitted list and photos
Thursday June 6, 2024
Islamabad (Urdu Point Latest News - NNI. 06 June 2024) Chief Justice Qazi Faiz Isa has said that during the hearing of the government's appeals against the annulment of the amendments to the National Accountability Bureau (NAB) rules in the Supreme Court, Chief Justice Qazi Faiz Isa has said that They become lions, no one comes forward and talks, while the federal government denied Imran Khan's stance of not giving access to lawyers.
A 5-member larger bench headed by Chief Justice Qazi Faiz Isa, Justice Aminuddin, Justice Jamal Mandukhel, Justice Athar Minullah and Justice Hasan Azhar Rizvi are part of the bench, former Prime Minister Imran Khan through video link in the court. Presented. 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 to the court, can you support the decision. Rahein 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 position 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. Impressed, lawyer Zawaja Haris said that in the main case, I have explained the violation of fundamental rights in detail, the NAB amendments are a 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 Minullah inquired which fundamental rights have been affected by the NAB amendments, do you have full confidence in NAB? Khawaja Haris said that I will argue that the minority opinion was not correct. Asked if 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 the time, there was a debate whether the authority is mine or someone else's, they go out and become big lions, no one comes forward and speaks, there should be no politics in principled stance.
Justice Athar Manullah said that the judge of the Supreme Court was a monitoring judge, there was a JIT in this case, which also had powerful agencies like ISI and MI, tell me what happened in this case, you were the lawyer in that 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, why ask for the receipts? It is not the same as blackmailing someone. Justice Athar Manullah said that if you ask him today to answer all the assets, it will be difficult for you, who was a client in your main case, the Chief Justice told Imran Khan's lawyer. Discussed 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 in denial of Imran Khan's position, the federal government has also submitted a list of the meetings of the family and legal team with the founder of PTI. According to the report of the federal government, the founder of PTI TI adopted the position of not giving access to lawyers in the Supreme Court, the position 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 have been provided to the former prime minister in the jail. Later, Justice Athar Manullah remarked that Khawaja should write down which NAB amendments he had challenged. had challenged the amendment of section nine-a-five, you had challenged the deletion of section 14, Khawaja Haris said that we had challenged the retroactive application of the amendments in section two, sections 4, 16, 21G and had challenged the amendment of 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 9A5 was excluded from the definition of crime after the amendment, 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 the 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 your client, Khawaja Sahib has your 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. Justice Athar Minullah said, "Don't worry, you have a lot of faith in NAB. Is NAB now fixed?"
