ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial said that judiciary could not exceed authority of executive and it could only ask executive to fulfil its responsibility.

A three-member Supreme Court  ench comprising CJP Bandial, Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah heard case filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against recent amendments to National Accountability Bureau (NAB) Ordinance.

During course of proceedings, Chief Justice said that judiciary could not use authority of executive. “Suo motu power has to be used with great care,” he added. Top judge said that it has to be seen how old law would be restored even if NAB amendments were invalidated for conflicting with fundamental rights.

Justice Shah remarked that there were other laws for accountability of illegal income. “If system was broken, even strict laws would not be effective,” he added. He asked if everything was to be done by judiciary, would it not be exceeding discretion of executive? He asked could judiciary play a super role in failure of executive. He asked if prime minister did not have capacity to run country, would judiciary run country?

He questioned if someone stated that government was suspicious, prime minister was controversial, then judiciary would run government. “This had to stop somewhere,” he added. He asked could judiciary cross line of separation of powers in protection of fundamental rights?

He said that judiciary invalidated many actions of administration and there were many court decisions in this regard. He said that many clauses had been removed from NAB amendments while petitioner wanted that removed clauses should be restored. This situation is different and unique from past, he added.

Counsel for Imran Khan Advocate Khawaja Haris, while continuing his arguments said that NAB’s authority on illegal income was also abolished by amendments. Amnesty scheme was only meant to whiten black money, he added.

He said that NAB had authority to take action on illegal income under amnesty scheme before amendments. “On laxity of NAB, Supreme Court ordered investigations into corruption cases,” he added.

He said that top court constituted a joint investigation team (JIT) to investigate fake accounts case. Court ordered legislation on issue of Army Chief’s appointment, he added.

He said that protection of fundamental rights is responsibility of judiciary. Later, hearing of case was adjourned till November 14.

Published in The Daily National Courier, November, 11 2022

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