Supreme Court Justice Mansoor Ali Shah suggested on Friday that the new parliament formed after the upcoming general elections should consider revisiting recent amendments to the national accountability laws.
Sitting on a three-member bench for the hearing of Pakistan Tehreek-e-Insaf (PTI) chairman’s petition against amendments to the National Accountability Bureau (NAB) laws, Justice Shah emphasized the need for a clear distinction between the roles of parliament and the judiciary, particularly in matters concerning legislation.
Heading the bench, Chief Justice Umar Ata Bandial noted that the NAB law amendments, enacted by the previous coalition government, did not directly violate fundamental rights but had indirect impacts. He pointed out that the status of evidence obtained through Mutual Legal Assistance (MLA) had been eliminated, suggesting a need for improved coordination between prosecution and investigation.
Chief Justice Bandial expressed concerns that NAB custody may pressure accused individuals into making plea bargains.
Justice Shah agreed, acknowledging instances of coercive plea bargains.
Government's counsel, Makhdoom Ali Khan, highlighted the need for NAB to prove the evidence it receives through MLA. Chief Justice Bandial expressed concerns about the conviction ratio within the criminal justice system, with a significant portion of cases ultimately ending in settlements. He also raised questions about the treatment of accused individuals in NAB custody and the potential coercion involved in plea-bargain agreements.
Justice Shah, considering the upcoming general elections, proposed a potential solution: the new parliament formed after the elections should consider repealing these amendments. He emphasized that some issues should follow their natural course, and any amendments or repeals should be carried out through the parliamentary process.
Justice Shah believed that extensive efforts were being made to find fault with the NAB law amendments, and despite these efforts, no significant issues had been identified.
He suggested that the new parliament should consider addressing these amendments after the upcoming general elections to prevent potential systemic issues.
The chief justice stressed the misuse of NAB against individuals conducting lawful business and emphasized the importance of combating corruption in society.
He lamented the flight of individuals from the country due to diminishing economic opportunities and the concentration of economic power in the hands of the politically powerful.Justice Shah questioned the PTI chairman's resignation from the National Assembly, highlighting the importance of parliamentarians' trust and representation of their constituencies.
Khawaja Haris argued that the decision to sit in or leave parliament was a political one. However, Justice Shah raised a pertinent question: when the parliamentary forum existed, how could he quit representing the people of his constituency? This raised concerns about his true intentions and commitment to serving his constituents.
The chief justice further addressed the issue of tainted money and emphasized the state's responsibility in ensuring criminals do not escape justice. He noted the global trend of minimizing the use of the "assets beyond means" principle.
Details of beneficiaries of the NAB law amendments were presented in court, including former President Asif Zardari, former Prime Minister Shahid Khaqan Abbasi, and others.
The court adjourned the hearing until September 5, ordering the petitioner's lawyer to submit written arguments.
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