ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked rule of law and Constitution has to be established.  He remarked, “Court will demonstrate utmost care in case. Superior judiciary has been criticising NAB laws in its decision. 90 days remand exists nowhere. Even in criminal cases remand does not exceed 14 days. Ratio of punishment in Japan in corruption cases is 99 percent. These are extraordinary circumstances. Court is not enjoying by hearing case in extraordinary situation.  

He observed a larger political party is outside parliament. We are asking them too to return to parliament. There is such impression of legislation from political parties sitting in parliament which is being enacted for their own benefit. SC has no intention to legislate. We are protectors of Constitution only. Court will avoid from interfering in political matters. We will review only point of amendments against basic rights. If amendments are proved joke with accountability process then it will be violation of basic rights. Concessions have been given to accused in many amendments.  

Evidence of plea bargaining has been declared unacceptable. There is no prohibition of arrest in criminal law. Arrest is made in proportion to nature of crime. 150 members of assembly of former ruling party have boycotted parliament. We had asked PTI to go to assembly and play their role. Half of members have boycotted assembly. Members sitting in assembly are legislating to serve their personal interests. Court does not want to interfere in legislation. We had taken suo motu notice due to interference in investigation.

We are seeing after taking high profile cases record either cases run or otherwise. We will extend full support to institutions functioning under Constitution. CJP gave these remarks while presiding over a 3-meber bench of SC during hearing of Imran Khan’s petition against amendments in NAB law here.  Khawaja Haris counsel for Imran Khan while seeking adjournment of case from court took plea he could not file reply in court being infected by coronavirus. Court should give time to file detailed reply. 

Makhdoom Ali Khan argued superior judiciary does not sustain accountability court sentences. Culprits are acquitted. Even then their blots don’t stand washed. Issue of abortion in Europe was resolved in parliament and not in courts. Judiciary role is umpire role. American SC always stands with government.  Justice Mansoor Ali Shah remarked US SC example does not seem to be correct with regard to this reference. If assembly abolishes NAB laws then people will resort to what forum against it. Political weather continues to change outside court. Should political weather have influence inside court. Should weather of law and constitution not remain in court. Court while accepting adjournment plea from counsel of Imran Khan adjourned hearing of case till September 1.

Published in The Daily National Courier, August, 20 2022

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