ISLAMABAD: Supreme Court (SC) has sought explanation on 2 questions from the counsel of Imran Khan on the petition filed by chairman PTI against amendment in NAB laws
The court remarked What is the reason for keeping the armed forces outside NAB laws. This act is constitutional or unconstitutional. One man was elected member of parliament with the votes of lac of people and if he says by coming out of the parliament that he will make decision on road then is it democracy.
The Chief Justice of Pakistan (CJP) remarked there were loopholes in NAB laws. In NAB laws any one was arrested on mere allegation for 90 days. NAB law amendment are way forward in country’s law. NAB law was strongly criticized before introduction of amendment in NAB law.
The case came up for hearing before a three members bench of Supreme Court (SC) presided over by the CJP Umar Ata Bandial Monday.
Justice Mansoor Ali Shah remarked judges are not out of ambit of NAB law. Is the process of keeping the armed forces out of NAB LAW constitutional or otherwise in the eyes of PTI.
He further observed one man was elected by lac of people through votes as ,member parliament.
Addressing the counsel of the petitioner he remarked you said in your argument that the member of parliament is trustee of public confidence. Is it democracy if the elected member comes out of parliament and says that he will make decision on roads. How will the democratic system run if the members of parliament leaves parliament and makes decision on the roads. If the Member of Parliament has come by winning the trust of people then he should sit in parliament.
The counsel for Imran Khan argued SC had filled the legal vacuum in army chief extension and Asfand Yar Wali case. I don’t support making any arrest in any criminal case including NAB case during the investigation. Even good law loses its meaning if there is no one to implement it. We don’t need that all the NAB LAW amendments be declared null and void. It is imperative to see the intention of parliament in NAB amendment.
Justice Mansoor Ali Shah remarked in Asfand Yar Wali case the court had nullified the law being against the basic rights. In NAB amendment law you are saying which is missing should be included. In what clauses of NAB law amendment has been made don’t run contrary to basic rights. Whatever discussion was made to ascertain intent of parliament on NAB law amendment will have to be seen.
Khawaja Haris told the court no debate has been made in parliament in NAB amendment law.
Justice Ijaz ul Ahsan remarked NAB law has become ineffective due to what clauses have been taken out through NAB amendment law. In this case it has been said NAB law should be restored in its original shape.
The haring of the case was adjourned till December 13.