Chief Justice Umar Ata Bandial on Friday hearing a plea challenging the amendments remarked that the National Accountablity Beauru (NAB) law was misused against business figures.
A three-member bench headed by CJP Bandial comprising Justice Ejazul Ahsan and Justice Mansoor Ali Shah heard the Pakistan Tehreek-e-Insaf (PTI) Supremo Imran Khan’s petition challenging the NAB amendments during Pakistan Democratic Movement (PDM) led government.
At the outset of the hearing, the CJP interrupted Pakistan Tehreek-e-Insaf (PTI) chief counsel Khawaja Haris during his arguments to address the issue of the recent amendments to the NAB law.
He highlighted that the amendments had abolished the status of evidence obtained under mutual legal cooperation, potentially making the process more costly for NAB.
The top judge noted that evidence obtained from abroad was now inadmissible under the law, which raised questions about who would benefit from these changes.
A report was also submitted during the hearing, detailing the return of references following the NAB amendments. Notably, the Park Lane reference against former President Asif Zardari and former Prime Minister Shahid Khaqan Abbasi were among those returned by accountability courts.
The report also indicated that cases involving individuals such as Khurshid Anwar Jamali, Manzoor Qadir Kaka, Anwar Majeed, Hussain Lawai, and Abdul Ghani Majeed of the Omni Group had been transferred out of NAB’s jurisdiction.
Chief Justice Bandial questioned whether the rights of complainants were enshrined in Pakistan’s Constitution. Lawyer Makhdoom Ali Khan responded that the Constitution primarily focused on the rights of the accused and fair trial, rather than the rights of complainants.
Justice Ejazul Hassan added that Swiss cases against individuals like Asif Zardari were overdue and not necessarily due to a lack of evidence. The proceedings also shed light on the challenges in seeking assistance from Swiss authorities.
Furthermore, it was discussed that information obtained by the Federal Board of Revenue (FBR) from abroad could not be presented as admissible evidence in court. Lawyer Makhdoom Ali Khan emphasized that it was NAB’s responsibility to prove the evidence obtained from abroad.
In his concluding remarks, Chief Justice Bandial underscored the importance of delivering justice, particularly in criminal cases, where conviction rates were below 70%. He emphasized that providing justice was a fundamental function of the state.
Chairman PTI’s lawyer, Khawaja Haris, explained the process of obtaining evidence from abroad through mutual legal cooperation, highlighting the significance of the verification process.
The hearing shed light on the complexities surrounding NAB amendments and their potential impact on legal proceedings. The debate continues as the Supreme Court of Pakistan assesses the implications of these changes in the NAB law.
This ongoing legal debate raises significant questions about the balance between the rights of the accused and the interests of justice in Pakistan’s legal system.
