Justice Mansoor suggests CJP form full court to hear NAB amendment case

ISLAMABAD: Supreme Court Judge Justice Mansoor Ali Shah on Friday raised an objection to the bench hearing the Pakistan Tekreek-e-Insaf's (PTI) Petition against the National Accountability Bureau (NAB) amendments.

A three-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Mansoor and Justice Ijazul Ahsan heard the petitions.

During the hearing today, which is the 48th hearing on the petition, Justice Mansoor remarked: "I think that the NAB amendment case should be heard by the full court; the case will have its own impact."

He further said that the Attorney General for Pakistan Mansoor Usman Awan had raised an objection in the military court's case.

"Under Sections 3 and 4 of the Surpeme Court (Practice and Procedure) Act, the case should be heard by a bench of at least 5 members," he remarked, adding that the CJP should constitute a full court for the case.

Justice Mansoor said he had also suggested that a full court be formed for hearing the petitions challenging the military courts.

"My objection is that only the full court should hear such cases. The Supreme Court should first decide on the practice and procedure law," he said during the hearing.

"The Supreme Court Practice and Procedure Act has not been decided yet. If it had, the matter would have been different," he observed.

It must be noted that Justice Mansoor was one of the two judges who earlier said that it was important "to revisit the power of 'one-man show' enjoyed by the office of the Chief Justice of Pakistan [Umar Ata Bandial]".

During the hearing, Yasir Aman, the assistant counsel of Khawaja Haris — the PTI's counsel — told the court that Haris had asked for Aman to appear in his place owing to poor health.

The Supreme Court allowed Aman to present arguments.

At the outset, Justice Mansoor slammed the PTI's lawyer for failing to respond to what fundamental rights the amendments were circumventing.

"If you recall, I also asked during the 47th hearing which fundamental rights are being affected by the NAB amendments," he remarked, adding that the question was first put in the first hearing.

"The petitioner's counsel could not give a satisfactory answer to the question of fundamental rights asked in continuation," Justice Mansoor said.

During the hearing, CJP Bandial remarked: "I don't think we can review the amendments made in 2023. The NAB amendments of 2022 were challenged before the court."

He then directed the PTI counsel to submit the new NAB amendments and their written responses and postponed the hearing till August 28.

He added that the case would be heard on a daily basis from August 28.

"We want to dispose of the case as one of the members of the bench is nearing retirement."

However, he cautioned: "It is not necessary that the verdict will be on the merits of the NAB amendments case. It is possible that the decision will come on the admissibility of the case."