People fail to access justice due to corruption: CJP

ISLAMABAD: Chief Justice of Pakistan Justice Umer Ata Bandial on Tuesday observed that due to corruption in society, ordinary persons failed to have access to the justice system.

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

Continuing his arguments, Makhdom Ali Khan counsel for Federal Government submitted before the court NAB Amendment Ordinance 2023. He submitted that the new amendments in the present NAB law have been proposed in the shape of an ordinance adding that after approving cabinet approval, the NAB Amendments Ordinance is lying with the president for his consent. The counsel submitted that the court may adjourn the instant proceedings of the case till the approval of the NAB Amendments Ordinance 2023 by the president.

Chief Justice Umer Ata Bandial however, observed that it would not be the right step for the court to wait for the approval of the instant amendments in NAB law. “We have been hearing the matter for a long time and could not wait any further”, the CJP remarked adding that during the instant hearing, he personally searched if corruption is also an issue in other parts of the world or not. “Due to corruption in the society, ordinary persons failed to access the justice system”, the Chief Justice observed.

At the outset of the hearing counsel for the federal government submitted that if the NAB law is set aside, the court itself would be violating fundamental rights. He contended that the debate on court intervention and corruption is not only limited to Pakistan and added that according to a magazine, two political parties in the United States were also fighting for having their control over the judiciary.

The counsel submitted that the first amendment made by the petitioner Imran Khan in NAB law in 2019 was purely based on political victimization. He further submitted that the government of Imran Khan made amendments for granting Class C in jail for the accused involved in corruption cases adding that due to this amendment, a prominent political figure was not given Class C after arresting him. Justice Syed Mansoor Ali Shah asked the counsel as to whether the NAB amendments are new or it is related to the present amendments under challenge The counsel replied that amendments have been made under the pending NAB Amendments Ordinance and added that under the new amendments, changes have been made in the powers of Chairman NAB.

Makhdom Ali Khan submitted that after the approval of the NAB Ordinance 2023, the Chairman NAB will be required to take permission from the court for the closure of a reference. Chief Justice asked the counsel after the amendments in NAB law, whether making assets beyond means is an offence or not? The counsel replied it is an offence and has not been abolished adding that the present government has restored the amendments earlier withdrawn by Imran Khan’s government. Chief Justice Umer Ata Bandial observed that the new amendments in the plea bargain and ‘voluntarily return’ laws are a welcome sign. The Chief Justice also endorsed the amendments for not excluding the accused involved in corruption cases from the ambit of NAB jurisdiction.

Justice Mansoor Ali Shah asked the counsel as to whether any legal precedent is available on the point of retrospect effect of NAB amendments. The counsel replied that the present NAB law is an evolution of amendments made since 2019. Later, the court adjourned the hearing for today (Wednesday).