The Supreme Court has said that it will resume hearing the PTI chairman’s application against amendments to the NAB law tomorrow.
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.
On the previous hearing, the court had asked the federal government for arguments in a week.
The government’s counsel Makhdoom Ali Khan said they knew how people were treated under the NAB law in 1999. The amendment says that people cannot be kept in jail for 90 days without a reference, so what is the problem, he asked.
“What constitutional rights were affected by this that necessitated a judicial review?” the counsel asked.
Courts intervened only when fundamental rights of the people were affected, he further said.
At the outset, the CJP greeted the lawyers, saying: “Good to see you.” He further said he hoped he would not be targeted after saying this.
The CJP said the attorney general had recognised the flaws in the practice and procedures law, adding he had also sought time from the court for revising the legislation.
The Practice and Procedure and the Revisions Acts were conflicting, the CJP said, adding a new right of appeal was provided in the proposed law.
The attorney general had asked to harmonise the law with the Review of Judgements Act, CJP Bandial said, adding he had asked the court for time to amend the law, which was granted.
“In this regard, we do not know what the current government wants,” he remarked, asking if the government wants the suspended law to be followed and the judicial work stopped.
The other option is that that the court continues working and the new parliament reviews amendments to the law, the CJP remarked.
The AGP’s position should not stand in the way of my case, Makhdoom Ali Khan said.
“How has it been concluded that the law will be declared correct by the court?” the CJP questioned.
The practice and procedure law is currently not in field, it is suspended, counsel Khawaja Haris remarked.
The CJP remarked that the judges were sitting to decide cases according to the Constitution and law. He further said that in his personal opinion the case should be tried.
The NAB amendments of 2023 were merely an attempt at refinement, while the real NAB amendments were introduced in 2022, CJP Bandial remarked.
He asked Khawaja Haris to forget about the 2023 amendments and only limit his arguments to the 2022 changes to the law.
“I have listened to your position on my written note,” Justice Shah said, adding that he stood by his stand.
The practice and procedure law case should be decided first or a full court hear this case, Justice Shah insisted.
“The CJP was requested earlier also and I will ask him again to consider it,” Justice Shah remarked.
Some people got exemption through the amendments to the NAB rules, the CJP said.
Justice Shah asked Khawaja Haris if he was saying that legislators can make amendments related to fundamental rights.
Justice Mansoor Ali Shah once again proposed to create a full court. The hearing was adjourned till tomorrow.
