Islamabad: Chief Justice of Pakistan Umar Atta Bandyal on Thursday observed that accountability is essential for constitutional governance in the country, but stressed that the problem lies in the misuse of the law and not the law itself.
During the hearing of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s petition challenging the recent amendments in the National Accountability Ordinance (NAO), the Chief Justice remarked that corruption should be dealt with strictly but its What will the standard be? Court
A three-member special bench of the Supreme Court held the 21st hearing of the petition, during which Imran Khan’s lawyer Khawaja Haris continued his arguments. Harris told the court that the current law is against the social contract between the people and the people’s representatives and the constitution.
The Chief Justice agreed with Harris that corruption is a disease, stressing that accountability against corruption is essential to constitutional governance. However, he questioned where the court drew the line that fundamental rights were affected. He added that the law was not the problem, its misuse was.
Justice Mansoor Ali Shah sitting in the bench said that what will happen if a citizen says that there is no law on corruption, ask the parliament to make a law, the citizens will come again and say that the law against corruption is not strict, instruct the parliament. give To further tighten the law.
Justice Shah further said that if the court gives this order, the citizen will again come to the court and say that the law is still not that strict. Then he added that if it is to be done by the court, then why not (the court) legislate.
Justice Fazil asked Khawaja Haris whether it is the job of the court to make the Parliament a law or to make it more stringent. The lawyer replied that if the court allows, he can provide judicial precedents in response to this question.
Justice Shah said he would wait for the day when he would give examples of judicial decisions related to the Haris case. He then told the counsel that he had questions for the last day of his arguments, but Harris should first tell the court when the last day of his arguments would be.
Justice Shah pointed out that more important than National Accountability Bureau (NAB) laws is legislation to deal with climate change. The entire Pakistan was affected by the flood. What if a citizen says in court that this law is not tough enough to deal with climate change?
The Chief Justice said to Khawaja Haris that you are arguing that fundamental rights are affected by corruption, then what should be the decision of the court. Harris responded that public office holders would be excluded from accountability under current law.
He requested the court to find answers keeping in mind the questions raised in his petition. He reiterated that rampant corruption affects fundamental rights. However, the Chief Justice said that the Rekodic case is important and the court will hear it next week. He then adjourned further hearing till November 29.
