The Supreme Court of Pakistan (SC) on Thursday reserved verdict on the government’s appeals challenging the annulment of the amendments to the National Accountability Bureau (NAB) rules.
A 5-member larger bench of the apex court, headed by Chief Justice Qazi Faez Isa, heard the case, with proceedings conducted via video link.
During the hearing, judicial assistant Farooq H. Naik presented his written submissions. Chief Justice Qazi Faiz Isa inquired if Naik supported the decision, to which Naik mentioned supporting Justice Mansoor Ali Shah's note.
Responding to queries, Naik clarified that while his position aligned with Makhdoom Ali Khan’s arguments, his submissions were based on his own points and observations on the Supreme Court decision.
Following Naik, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s lawyer Khawaja Haris addressed the court, highlighting the violation of fundamental rights in the main case. Lawyer Khawaja Haris emphasized that the NAB amendments infringed upon Article 9, 14, 25, and 24 of the constitution.
"NAB amendments will benefit me, but country’s bankruptcy must end"
Former Prime Minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan stated that the National Accountability Bureau (NAB) amendments will make things easier for him, but emphasized that the country's bankruptcy must be addressed.
He made these remarks during a Supreme Court hearing on the government's appeals against declaring the NAB amendments null and void.
Khan, who appeared via video link, suggested that the Supreme Court should appoint the NAB Chairman, citing that the bureau was not under his control even during his tenure. He also referred to the judiciary as the "Third Umpire".
Imran Khan’s arguments
During the hearing, Chief Justice Qazi Faiz Isa asked the founder of Pakistan Tehreek-e-Insaf (PTI), if he had any additional points to make regarding the case. Khan replied, “I can hear you,” and began his arguments.
Khan expressed confusion over the court’s previous remark about him scoring political points, stating, “I didn't understand what political point scoring was done?” He also mentioned that the live broadcast of the case was not allowed due to a character assassination attempt.
Chief Justice Qazi Faiz Isa responded, “Judges don't explain their decisions, you can file a revision.”
Khan continued, “I oppose the government’s appeal in the NAB amendment case. If the amendments are made, it will be my loss. My watch, worth 2 crore rupees, was shown to be worth 3 billion rupees.”
He suggested that the Supreme Court should appoint the NAB chairman, citing that even during his tenure, NAB was not under his control. He emphasized that the democratic system in Britain is based on ethics, rule of law, and accountability.
Form 47
During the court session, Justice Jamal Mandokhel questioned Imran Khan about Parliament's authority to amend, to which he responded that the government which came into power through Form 47 cannot make amendments.
Justice Athar Minullah pointed out that there seemed to be no justification for Mr. Imran Khan to revoke these amendments. He asked whether Imran Khan had considered his note regarding NAB and what steps he had taken. Would there be credibility?
PTI's founder expressed frustration, stating, "After what NAB did to me in just 5 days, credibility is questionable."
Imran Khan shows maturity after being jailed: Justice Mandokhel
Justice Jamal Mandokhel commented on Imran Khan's maturity post-jail time, to which Imran Khan attributed his entry into politics to the system's condition 27 years ago. He emphasized on stopping billions of dollars from leaving poor countries, stating his current ordeal with NAB.
The court questioned if NAB would continue its current practices. Imran Khan suggested improving NAB and establishing a special institution to combat corruption.
During the hearing, Justice Athar Minullah reminded Imran Khan about the appointment issue of Chief Election Commissioner and members. Imran Khan, being in jail, expressed concerns that the amendment would benefit him personally but harm the country financially. He also mentioned money flowing out of the country as per Dubai leaks.
Your words scare me, says Justice Jamal Mandokhel
Justice Jamal Mandokhel remarked that Imran Khan’s words were also frightening him, indicating the gravity of the situation. He urged Imran Khan to resolve the issues with fellow politicians, stating that in a crisis, one should not worry about distinctions but focus on extinguishing the fire first.
The PTI founder pointed out that in India, Arvind Kejriwal was released and allowed to contest elections despite his sentence being suspended.
Justice Mandokhel questioned who was responsible for creating the political system. Justice Athar Minullah expressed that people have high hopes for Imran Khan despite his imprisonment. Imran Khan responded that everyone is looking to the judiciary, and martial law has been declared in Pakistan.
He warned that any untoward event would raise suspicions about Imran Khan, emphasizing the mutual scrutiny between the judiciary and the PTI founder.
People have high hopes from you: Justice Athar Minallah
Justice Athar Minallah stated that, despite Imran Khan's imprisonment, people have high hopes for him. Imran Khan responded, “If I speak from the heart, we are all looking at you. Martial law has been declared in Pakistan.”
Justice Jamal Mandokhel warned, “If anything happens, we will be suspicious of you. We are looking at you, and you are looking at us.”
Cipher Case Reference
During the hearing, the PTI founder attempted to mention the cipher case, but Chief Justice Qazi Faez Isa intervened, noting that an appeal related to the cipher case might come before the court. Imran Khan clarified, “I am not talking about the pending case.”
Dialogue solves many things, Chief Justice
Chief Justice Qazi Faez Isa remarked that while the court was not attempting to delve into politics, they were open to discussions, noting that dialogue can resolve many issues.
Justice Athar Minullah added that Mr. Farooq Naik also holds responsibility in this matter. "We are the defenders of fundamental rights, but you politicians must also play your part," he stated. Farooq H. Naik responded, "We have always kept our doors open."
Indignation at NAB for Taking Credit in Rekodic Recovery
During the hearing, the Chief Justice expressed anger towards NAB for taking credit for the Rekodic recovery. He remarked that NAB prosecutors should be ashamed and should not appear before this court in the future.
Judgment Reserved
After the completion of arguments, the court reserved its decision on the government's appeals against the nullification of the NAB amendments.
Order of Today's Hearing
Chief Justice Qazi Faez Isa wrote the order for today's hearing, noting that NAB's claim of recovering $10 billion was surprising. He emphasized that institutions should not submit false documents. The court instructed the Chairman NAB and Prosecutor General to present the original recovery and budget reports. Additionally, the court requested the NAB's annual budget for the last 10 years.
The Chief Justice asked Imran Khan if he had anything further to add. Imran Khan replied with a thank you and had no additional comments.
The Supreme Court granted one week's time for the submission of written arguments.
