How new NAB laws infringe on basic rights, asks Supreme Court

ISLAMABAD: The Chief Justice of Pakistan, Justice Umer Ata Bandial, said Monday the UN convention against corruption is clear and gives a benchmark, but questioned if it could be translated into norms of Pakistan’s Constitution.

A three-member bench of the apex court, headed by Chief Justice Umer Ata Bandial and comprising Justice Ijazul Ahsen and Justice Syed Mansoor Ali Shah, heard the petition filed by former Chairman of the Tehreek-i-Insaaf Imran Khan, challenging the amendments made by the coalition government to the National Accountability Ordinance (NAO) 1999.

During the hearing, the counsel for PTI, Khwaja Haris, continued his arguments and cited various judgments of the Supreme Court holding that corruption affects the fundamental rights of citizens.

The counsel, while citing a suo motu case of the apex court in Pakistan’s Steel Mills case, submitted that the apex court had in this judgment held that national wealth is public money and belongs to the people of the country; therefore, public representatives should be held accountable for the misuse of public wealth, violating the fundamental rights of citizens.

A public representative indulging in corruption involving public wealth must be taken to task as the money belongs to the people of Pakistan, Khwaja Haris submitted, adding that the court had held that the National Accountability Bureau (NAB) can get hold of the money misused by the alleged persons and ensure its recovery, which belongs to the people of Pakistan.

Justice Syed Mansoor Ali Shah said that the NAB legislation itself says that such a person could be dealt with by law. “The law is there, but with the amendments made to the National Accountability Ordinance (NAO) in 1999, the offences have been omitted as well,” Khwaja Haris replied.

Chief Justice Umer Ata Bandial said that they agree that there must be a law that ensures accountability. The UN Convention against Corruption has given a benchmark and the language against corruption is very clear.

“But the question arises if we can translate the benchmark of the UN Convention into our legal system,” the chief justice asked. Justice Syed Mansoor Ali Shah asked the counsel whether the court had directed the Parliament to make legislation as per the UN Convention and whether they were bound to follow the international standard.

The standard set by the UN Convention on the Rights of Persons with Disabilities, according to Justice Mansoor Ali Shah, is not part of our Constitution, but if a citizen comes to make such a law tomorrow, we could direct our local administration to adopt those standards.

“And if yes, then there will be no need for our Parliament if we have to rely on the standards set by the International Convention,” Justice Mansoor Ali Shah said.

“The court can only intervene in the laws made by the executive if they violate the fundamental rights of the citizens,” Justice Mansoor Ali Shah said. Justice Ijazul Ahsen, another member of the bench, said that laws are meant to be on a par with the international standard.

“No country in the world asks for the legitimisation of corruption,” Justice Ahsen said, adding that he saw no valid reason for amending the NAB laws.

“It is the job of the court to determine or settle the standard for any law,” Justice Ahsen said, noting that people were held accountable for their actions even during the reign of Hazrat Umer (RA).

The judge said that wisdom says that wherever there is corruption, it destroys the whole system. Therefore, corruption should be made such a rigid offence that nobody could dare to do so, Justice Ahsen remarked.

“That’s why I repeatedly say that a colourable exercise has been done while amending the NAB laws to benefit the accused persons,” said Khwaja Haris.

Justice Syed Mansoor Ali Shah said that the court does not set the standard but the Constitution, adding that it is the Parliament that makes legislation. “But with the amendments made to the NAB laws, the corrupt accused persons, after being acquitted of their cases, are sitting at home comfortably,” The PTI counsel submitted.

Justice Syed Mansoor Ali Shah said that here there are also people sitting at home comfortably after sabotaging the Constitution as well.

Khwaja Haris said that the UN Convention against Corruption says that those whose fundamental rights are affected should be taken to task. This is also his case as the fundamental rights of the people of this country have been violated by the alleged corrupt people.

“When after the trial it has not been established that a person is corrupt or not, then how have fundamental rights been affected?” Justice Mansoor Ali Shah said. Justice Ijazul Ahsen said that the trial process had been made so complicated after the amendments that corruption cannot be established.

Now the charges made in the plea bargain by the accused persons could be repaid under the new amendments. “Three of us are sitting here to look into the fundamental rights of the people, which are very important,” the chief justice said, adding that the fundamentals revolve around organic rights like social contracts, etc.

“According to your arguments, Article 24 of the Constitution grants people fundamental rights for national reasons,” the CJP told Khwaja Haris. “The law must take its course when there is a vacuum, but if there is no vacuum in respect of fundamental rights, we have understood that, and let’s move ahead,” the CJP told the learned counsel. Meanwhile, the court adjourned the hearing for Tuesday at 1 pm.