Chief Justice of Pakistan (CJP) Umar Ata Bandial on Friday observed that cabinet members have no constitutional immunity under Article 248 of the Constitution and therefore, criminal cases against them should proceed.
The chief justice is heading a five-member bench after he took the suo motu notice over the alleged political interference in the working of prosecution and investigation in graft cases against the highest officeholders, especially PM Shehbaz Sharif and Punjab CM Hamza Shehbaz.
The bench also comprises Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Mohammad Ali Mazhar.
The bench also summoned DG FIA and the Director Law Usman Gondal in a matter related to the transfer of a prosecutor in the money laundering case against Prime Minister Shehbaz Sharif.
"Let DG FIA and director law come for assistance on the next date of hearing," said CJP Bandial.
It is pertinent to note that during the last hearing, the apex court had restrained the relevant authorities from transfers, postings or removals of those involved in the investigation or prosecution of high-profile cases against top government functionaries pending in the courts of special judge (central) and the accountability courts.
On Friday, the bench expressed dissatisfaction over the removal of prosecutor Sikander Zulqarnain, who was pursuing the money laundering case against the premier.
The chief justice said that there is an impression that the prosecutor was removed in order to halt the ongoing trial and added that although the apex court does not want to push the proceedings, they should not be halted either.
During the hearing, Justice Ijaz ul Ahsan commented on DG FIA's report and said the facts are twisted in order to justify the removal of the prosecutor.
Justice Mazhar Ali Akbar Naqvi asked whether charges have been framed in the money laundering case in which the prime minister is accused.
Removal of names from ECL
The bench has also expressed serious concern over the cabinet's decision regarding the removal of hundreds of accused names from the Exit Control List (ECL).
During the hearing, Justice Bandial asked the attorney general of Pakistan (AGP) to read Section II of the ECL Rules 2010. According to the rules, corruption accused, tax defaulters, terrorism suspects and loan defaulters could not leave the country, Justice Bandial added.
"On whose directions did the cabinet amend the clauses regarding corruption and tax default,” Justice Bandial asked. “Did the federal cabinet give approval of these rules,” he inquired.
To which, AGP Ashtar Ausaf said he would present the minutes of the cabinet meeting as well.
Justice Mazahar Ali Naqvi observed that the members of the cabinet benefitted from these amendments. He asked how could the cabinet members make amendments for their own benefit.
The chief justice also noted that NAB was not consulted before the removal of the accused involved in corruption cases.
“Is it not a conflict of interest for the cabinet to amend the rules when the names of the cabinet members themselves were in the ECL? Justice Naqvi asked.
The bench further asked whether the ministers who were beneficiaries of the rules being changed, in regards to the ECL, were part of making that change.
The AGP sought time to give details related to the cabinet's decision.
'Concerned with system'
During the hearing, PM Shehbaz Sharif’s lawyer Irfan Qadir said he would satisfy the law and the conscience through his arguments. He asked the court to give him a set of questions so he could assist in a better manner.
Justice Bandial said that the court was not looking for his assistance as the case did not concern an individual but the system.
Qadir said there was an ongoing political confrontation between two political parties and between them is this court. Perception should not be created that the apex court was being embroiled in politics, he added.
The judges then left the courtroom without dictating any order.
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