pakistan

SC judge questions attempts at finding faults in NAB amendments

Published

9 months ago

September 1, 2023

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SC judge questions attempts at finding faults in NAB amendments

Justice Mansoor Ali Shah of the Supreme Court remarked on Friday that there is, prima facie, an eagerness to find flaws in the amendments made to the National Accountability Bureau (NAB) laws.

The observation by Justice Shah came during the hearing of a petition filed by the Pakistan Tehreek-e-Insaf (PTI) chairman challenging the amendments made to the National Accountability Bureau (NAB) laws which had been passed by the coalition government of the Pakistan Democratic Movement (PDM) parties led by the Pakistan Muslim League-Nawaz (PML-N).

The petition is being heard by a three-judge special bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and also comprising Justice Ijazul Ahsan.

“This is not a case of the violation of fundamental rights,” Justice Shah observed during Friday’s hearing, when PTI’s counsel Khawaja Haris contended that the fundamental rights of people were affected by obstruction in the accountability process of public office-holders in NAB cases.

Justice Shah questioned, “If we accept for a minute that the members of parliament made amendments to benefit themselves, should we declare the NAB amendments null and void? On what grounds should we do that?” Haris responded that the court could declare the NAB amendments void under the Article 9.

Rejecting this, Justice Shah remarked that “let the judiciary and parliament operate in their own manner; otherwise the democratic system will not work.” He said that the general elections were around the corner and it should be left for the people to decide.

It must be noted that Justice Mansoor Ali Shah has suggested in the hearing on August 18 that CJP Bandial form a full court to hear PTI chief’s petition.

“I think that the NAB amendments case should be heard by the full court; the case will have its own impact,” Justice Shah remarked.

CJP Bandial, however, disagreed, remarking that the NAB laws were indeed being misused.

“Pardons are being given by NAB indiscriminately,” he said, adding that authority had been given in the hands of evil people. “It is the responsibility of the state to establish a just and fair society. The state has to ensure that criminals do not roam free, he said.” He added that people are leaving the country after being denied economic opportunities.

“Justice Mansoor is raising the question of the direct relation of fundamental rights. We understand that many fundamental rights have been affected by the NAB amendments,” the CJP remarked.

“NAB amendments did not directly violate fundamental rights, but there is definitely an aspect directly affecting rights in the NAB amendments,” he said, adding that they must cut down and see the relationship between fundamental rights and the amendments.

He remarked that if the institution of the auditor general was strengthened, he could look into these matters himself. “The Auditor General of Pakistan (AGP) is an important constitutional institution. A strong auditor general’s office can also look into the accounts of provinces,” CJP Bandial remarked.

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pakistan

Court reserves verdict on PTI founder’s bail plea in May 9 case

Published

7 hours ago

May 16, 2024

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Court reserves verdict on PTI founder's bail plea in May 9 case

The Islamabad district and sessions court has reserved verdict on the bail plea of the Pakistan Tehreek-e-Insaf (PTI) founder in the May 9 case.

Judicial Magistrate Omar Shabbir heard the case against the PTI leader registered in Shahzad Town police station.

Naeem Haider Panjhota, Sardar Masroof and Amina Ali appeared before the judge as counsel for the PTI leader.

The lawyers said the case against the PTI founder had not been pursued by an authorised officer. All cases against him had been instituted on the basis of politics and should, therefore, be quashed, they demanded.

The court after listening to the arguments reserved the verdict.

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pakistan

Rawalpindi court bins plea for initiating case against former commissioner Liaquat Chattha

Published

7 hours ago

May 16, 2024

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Rawalpindi court bins plea for initiating case against former commissioner Liaquat Chattha

The Rawalpindi Sessions Court on Thursday dismissed a petition seeking the registration of a case against former Rawalpindi commissioner Liaquat Ali Chattha.

Additional District and Sessions Judge Hakim Khan issued a two-page written order on the petition.

In its order, the court observed that apart from the Election Commission of Pakistan (ECP), a departmental inquiry was also being conducted against the former commissioner.

If the allegations were proven in the ECP and departmental inquiries, a legal action was certain, the order stated, adding that in this situation, there was no justification for registering a separate case against the former Rawalpindi commissioner.

Two lawyers from Rawalpindi had filed the petition seeking the registration of a case against former commissioner.

In a Feb 18 presser, the former commissioner admitted that elections in his division were “rigged”.

The commissioner accused Chief Election Commissioner (CEC) Sikandar Sultan Raja of being complicit in the rigging and asserted that he, along with the CEC and Chief Justice of Pakistan Qazi Faez Isa, deserved punishment, even the death penalty, for their injustice.

Chattha expressed remorse for forcing his subordinates to engage in wrongdoing and admitted that winning candidates were made to lose on 13 seats in the Rawalpindi division.

Later on Feb 23, Chattha retracted his earlier statement in a written statement submitted to the Election Commission of Pakistan (ECP).

In the statement, Chattha confessed to having supported the narrative of the Pakistan Tehreek-e-Insaf (PTI) about rigging in the general elections and maligning state institutions in exchange for a lucrative position in the future.

He stated he had been made this offer by a Lahore-based PTI leader with whom he had developed a close friendship.

Chattha alleged that “this entire planning had been formulated after consultation and approval of the senior leadership of PTI”.

He stated that this proposal was made by the said [PTI] individual in consideration of the fact that he was about to retire from service after having remained a part of the services for 32 years and enjoyed all the perks and privileges.

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pakistan

IHC orders Zartaj Gul to appear before court with record in ECL name removal case

Published

7 hours ago

May 16, 2024

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IHC orders Zartaj Gul to appear before court with record in ECL name removal case

Islamabad High Court (IHC) has sought the record from Zartaj Gul’s counsel on a petition seeking the name removal of PTI leader and MNA Zartaj Gul from the Exit Control List (ECL).

IHC’s Justice Tariq Mehmood Jahangiri heard the case on Zartaj Gul’s name removal from ECL.

During the hearing, the state counsel stated that Zartaj Gul’s name has been included in the Provisional National Identification List (PNIL).

Upon inquiry from the court, the state counsel informed that Zartaj Gul’s name was included in PNIL on the order of Islamabad and Punjab police, and the Federal Investigation Agency (FIA) was responsible for including the name in PNIL.

Also read: PTI’s Shibli Faraz, Raja Basharat, Zartaj Gul secure bail in May 9 cases

State counsel added that five cases were registered against Zartaj Gul in Islamabad and Punjab.

The petitioner’s counsel, Advocate Usama, disclosed that Zartaj Gul has been granted bail in those cases. He reiterated that the name was being included in the PNIL list despite being on bail.

During the hearing, Justice Tariq Jahangiri inquired about how many cases Zartaj Gul has been granted bail in and ordered the petitioner to appear before the court in the next hearing.

Consequently, IHC has adjourned the case hearing until next week by directing Zartaj Gul’s counsel to appear before the court in the next hearing with records.

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