ISLAMABAD: The Supreme Court resumed hearing today the PTI chairman’s application against amendments to the NAB law. A three-judge bench, led by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Mansoor Ali Shah and Justice Ijazul Ahsan, heard the case.
During the previous hearing, the court had requested the federal government to present its arguments within a week. The government’s counsel, Makhdoom Ali Khan, questioned what constitutional rights were affected by the amendments to the NAB law that warranted a judicial review. He emphasized that courts typically intervene only when the fundamental rights of the people are at stake.
At the start of the hearing, the CJP greeted the lawyers and expressed hope that his statement wouldn’t lead to him being targeted. The CJP mentioned that the attorney general had acknowledged flaws in the practice and procedures of law and had requested time to revise the legislation.
The CJP noted the conflict between the Practice and Procedure Act and the Revisions Act, pointing out that a new right of appeal was introduced in the proposed law. He questioned whether the government wanted the suspended law to be followed and judicial work to be halted, or if the court should continue working while the new parliament reviews the law amendments.
AGP’s position should not hinder his case
Meanwhile, Makhdoom Ali Khan insisted that the AGP’s position should not hinder his case. The CJP raised a question about how it was concluded that the court would declare the law correct. Counsel Khawaja Haris remarked that the practice and procedure rule was currently suspended and not in effect.
The CJP stated that judges were there to decide cases according to the Constitution and the law. He expressed his personal opinion that the case should proceed. He differentiated between the 2023 amendments, which he considered a refinement, and the more substantial NAB amendments introduced in 2022.
However, Justice Shah stood by his position and suggested that the practice and procedure law case be decided first or a full court should hear the case. He requested the CJP to consider this once again.
The CJP mentioned that some individuals were exempted through the NAB rules amendments. Justice Shah questioned whether Khawaja Haris suggested that legislators could amend fundamental rights. Justice Mansoor Ali Shah proposed creating a full court. The hearing was adjourned until the next day.
