SC advises Imran to open dialogue with politicians

ISLAMABAD:

Judges sitting on a five-member larger bench of the Supreme Court advised Pakistan Tehreek-e-Insaf (PTI) founder on Thursday to initiate dialogue with politicians, as Imran Khan spoke in the court regarding accountability laws.

The PTI founder addressed the court via a video link from the Adiala Central Jail during the hearing of the government’s intra-court appeal against the Supreme Court decision in the case pertaining to the amendments to the National Accountability Ordinance (NAO).

Imran, 72, clad in a turquoise shirt, addressed the court for approximately 35 minutes in front of the larger bench, headed by Chief Justice Qazi Faez Isa. Justices Aminuddin Khan, Jamal Khan Mandokhel, Athar Minallah, and Syed Hasan Azhar Rizvi also sat on the bench.

Throughout the 35-minute session, Chief Justice Isa only glanced at the PTI founder once, and that too, towards the conclusion, expressing gratitude to Imran for his cooperation. Conversely, Justice Athar Minallah focused on the large screen, where Imran was speaking via video link.

Imran commenced his remarks after the bench resumed the hearing following a second recess. The chief justice inquired whether Imran could hear him clearly, to which the PTI founder affirmed and proceeded. He said that the chief justice had said something about him, indicating that he [Imran] was an irresponsible person, who would say something wrong. “Can you tell me what political points I have scored? I am not a dangerous man,” he added.

The PTI founder referred to the rejection of his request for the live broadcast of court proceedings by the apex court. On that, however, the chief justice said that a decision had been taken and stressed that the judges “don’t explain” their decisions. He asked Imran to stay on the case.

Justice Aminuddin Khan praised the use of video link as a significant relief, advising Imran to confine his comments strictly to the case. Justice Mandokhel intervened at one point, cautioning Imran against discussing other pending court cases. Justice Minallah said that the case of the chairman and members of the Election Commission came to the high court. He then pointed out to the PTI founder that he [Imran] himself had appointed the chief election commissioner (CEC) when he was the prime minister.

Imran said that it would be good for him personally if the powers of the National Accountability Bureau (NAB) were reduced but added that people had stashed assets worth billions of dollars overseas. “What will happen to them?”

Justice Mandokhel said that Imran’s statement was scaring him. He told the PTI founder that if the situation was so precarious, then “sit down with your fellow politicians and resolve the issues”. He said when there was fire it would not matter if the water was pure or putrid; the fire had to be put out first. “Lead your group. You’re looking up to us and we’re looking up to you,” Justice Mandokhel told the PTI founder. The judge further stated that if, God forbid, something were to happen to the country, the responsibility would lie with the politicians, not the judges.

Currently, Imran replied, the country is suffering an economic crisis. Remittances, he said, were coming in while the elite sent their money abroad. Interjecting, the chief justice told Imran that he was mixing two things here. Justice Minallah remarked that it was unfortunate that Imran was in jail at this time. He then told the PTI founder that he was the head of a large party with millions of followers. Imran complained of oppression against him, saying that the country was under undeclared martial law.

Imran said that his last hope was the Supreme Court. Justice Mandokhel remarked that “we have complaints against politicians”. When Imran tried to refer to the cypher case against him, the chief justice stopped him from speaking further, saying that the case might come before the apex court.

Justice Minallah told Imran that his party had boycotted parliament. Had the PTI been in parliament, he said, the NAB law could have been improved. In reply, Imran admitted that quitting parliament was a mistake. “It is true, I should have gone to parliament,” he said.

On this, Chief Justice Qazi Faez Isa told the PTI founder to meet members of parliament and talk to them, stressing: “They are not your enemies.” The chief justice added: “The politicians should sit together and solve the problems.”

The chief justice also told Imran that the court did not want to stop him from speaking in the court, lest someone raise the objections that the PTI founder was not allowed to speak. He then advised Imran to “just focus on your case”.

Farooq H. Naek, the counsel for the Pakistan Peoples Party (PPP), said that his party was ready to sit and talk with every party. He referred to a statement of President Asif Zardari in which he had said that “our doors are open for all political parties”.

The chief justice asked the PTI founder why he gave the amnesty scheme during his term in office. Imran replied that the amnesty was given because the black economy had to be brought to the fore. The chief justice said that NAB had shown a recovery of $10 billion which was a wrong figure.

While talking to the additional NAB prosecutor general, the court expressed no confidence in the additional NAB prosecutor general. The chief justice asked why the contempt of court action should not be taken for showing the wrong documents. The chief justice further remarked that NAB had written in its reply that it kept the recovered amount. He then asked a question, how a government entity could keep even a single rupee with itself. The bench rejected the report submitted by the NAB and sought its 10-year budget record.

Justice Minallah asked the PTI founder if he [Imran] had read the dissenting note he wrote in the judgment on the plea for live broadcast of the proceedings. In his note, he said, he had referred to the three years of the PTI government. The PTI founder said that he was in jail.

Justice Mandokhel said that politicians get more mature when they go to jail. The PTI founder said that he had seen how the NAB court worked in jail. Justice asked the PTI founder which NAB amendments were in conflict with fundamental rights, and who would fix NAB. Imran replied that $700 billion were being looted by the elite from the poor around the world. For the current NAB law amendments, he said that the parliamentarians enacted the amendments just to save themselves.

Continuing, Imran said that he was sentenced to 14 years in prison in the Toshakhana case, adding that a watch of Rs20 million was stated by NAB to be worth $3 billion. However, Justice Khan stopped him from speaking further, saying: “You should only talk about the relevant case.”

Imran said that the decision to appoint NAB chairman was taken by the “third umpire” instead of politicians. He suggested that the Supreme Court should appoint the NAB chairman. On that, Justice Mandokhel said: “You should go to parliament and amend the law. Only parliament can do this.”

He replied that “only parliament with Form 45 can do this” – a reference to the PTI’s objections to the results of the February elections. Justice Mandokhel again stopped the PTI founder and asked him not to talk about the cases already pending in courts.

Justice Minallah said it was unfortunate that Imran was in jail. He expressed the hope that the PTI founder would be in parliament and then make things right through parliament. The PTI founder said that his last hope was the Supreme Court. Justice Minallah said that instead of looking at the judges, politicians should resolve the problems among themselves. Justice Mandokhel raised a question that what would happen if God forbid the politicians failed.

During the hearing, Khyber-Pakhtunkhwa Advocate General complained that when he went to meet the PTI founder in jail, he was made to remove even his coat. Justice Khan said that this must have been done for the security of the PTI founder.

The chief justice said that Advocate Khawaja Haris did not make such a complaint when he went to see Imran. The attorney general for Pakistan (AGP) told the court that he had provided details of the facilities being provided to the PTI founder in jail.

On that, Imran asked the court to compare the facilities given to him in jail with the facilities given to former prime minister Nawaz Sharif. However, in a lighter vein, Justice Mandokhel said that Nawaz Sharif was not in jail at the moment, “Do you want us to send him to jail?”

The chief justice remarked that the court would arrange a surprise visit by the judicial officer. After the arguments ended, the chief justice thanked the PTI founder for his assistance. In response, Imran smiled and thanked Chief Justice Qazi Faez Isa.