ISLAMABAD: Chief Justice of Pakistan, Justice Umar Atta Bandial on Monday said that the United Nations Convention against Corruption is clear and provides a benchmark, but questioned whether it can be translated into the principles of the Constitution of Pakistan. .
A three-member bench of the Supreme Court, headed by Chief Justice Umar Atta Bandial, comprising Justice Ijaz-ul-Ahsan and Justice Syed Mansoor Ali Shah, heard the petition challenging the amendments made by former PTI Chairman Imran Khan. National Accountability Ordinance (NAO) 1999 by the coalition government.
During the hearing, PTI’s lawyer Khawaja Haris continued his arguments and cited various judgments of the Supreme Court saying that corruption affects the fundamental rights of citizens.
Referring to the Supreme Court’s suo motu notice in the Pakistan Steel Mills case, the lawyer said that the Supreme Court had said in that judgment that national wealth is public money and it belongs to the people of the country. Therefore, public representatives should be held accountable for misuse of public wealth, violation of fundamental rights of citizens.
A public representative involved in public wealth should be prosecuted because this money belongs to the people of Pakistan, Khawaja Haris said, adding that the court has declared that the National Accountability Bureau (NAB) can seize the money misused. Ensure the recovery of the accused persons and the same, which belongs to the people of Pakistan.
Justice Syed Mansoor Ali Shah said that NAB legislation itself says that such a person can be dealt with according to law. Khawaja Haris replied that ‘the law is there but with the amendments made in the National Accountability Ordinance (NAO) in 1999, the offenses have also been left out’.
Chief Justice Umar Atta Bandyal said that he agreed that there should be a law that ensures accountability. The UN Convention against Corruption has set a standard and the language against corruption is very clear.
The Chief Justice said that the question arises whether we can translate the benchmark of the United Nations Convention into our legal system. Justice Syed Mansoor Ali Shah asked the lawyer whether the court has directed the Parliament to enact legislation in accordance with the United Nations Convention and whether they are bound to follow international standards.
According to Justice Mansoor Ali Shah, the standard set by the United Nations Convention on the Rights of Persons with Disabilities is not part of our constitution, but if a citizen comes to make such a law tomorrow, we will ask our local administration to comply with them. can direct the adoption of Standards
Justice Mansoor Ali Shah said, “If yes, then our parliament will not be needed if we have to rely on the standards set by international conventions.”
Justice Mansoor Ali Shah said the court can only interfere with laws made by the executive if they violate the fundamental rights of citizens. Another member of the bench, Justice Ijaz-ul-Ahsan, said that the laws are meant to be in line with international standards.
Justice Ahsan said that no country in the world asks for the legal status of corruption, adding that he did not see any reasonable reason to amend the NAB rules.
Justice Ahsan said, “It is the job of the court to determine or fix the standard for any law,” noting that even during the time of Hazrat Umar, people were held accountable for their actions. was
The distinguished judge said that common sense says that where corruption occurs, it destroys the entire system. Therefore, corruption should be made such a severe crime that no one dares to do it, Justice Ahsan remarked.
Khawaja Haris said that this is why I repeatedly say that apartheid has been practiced to benefit the accused by amending the NAB rules.
Justice Syed Mansoor Ali Shah said that the court does not make the standard, the parliament makes the law. The PTI lawyer said that “but with the amendments in the NAB rules, the corrupt accused are sitting comfortably at home after being acquitted of their cases”.
Justice Syed Mansoor Ali Shah said that here too people are sitting comfortably at home after sabotaging the constitution.
Khawaja Haris said that the United Nations Convention against Corruption says that action should be taken against those whose fundamental rights are affected. This is also their case because the fundamental rights of the people of this country have been violated by alleged corrupt people.
When after the trial it is not proved whether a person is corrupt or not, then how are the fundamental rights affected? Justice Mansoor Ali Shah said. Justice Ejaz-ul-Ahsan said that after the amendments, the trial process has been made so complicated that corruption cannot be proved.
Now the charges made by the accused in the plea bargain can be paid under the new amendments. Three of us are sitting here to review the fundamental rights of people, which are very important, the chief justice said, adding that fundamentals revolve around organic rights like social contract etc.
The Chief Justice told Khawaja Haris that according to your arguments, Article 24 of the Constitution gives fundamental rights to the people for national reasons. The Chief Justice told the lawyer that ‘when there is a gap, the law should take its course, but if there is no gap with respect to fundamental rights, we have understood it, and let us move forward’. Meanwhile, the court adjourned the hearing of the case till 1 pm on Tuesday.
