Justice Shah suggests CJP to form full court in NAB amendments case

Supreme Court’s Justice Mansoor Ali Shah has raised an objection to the bench hearing a petition filed by PTI Chairman Imran Khan against the NAB amendments, suggesting the Chief Justice of Pakistan form a full court, reported 24NewsHD TV channel.

A three-judge SC bench led by Chief Justice of Pakistan, Justice Umar Ata Bandial, and comprising Justice Ijazul Ahsan and Justice Mansoor Ali Shah was hearing the petition on Friday.

During the hearing, Justice Shah who is part of the bench objected to it, remarking that the NAB amendments case would have its own impact. He observed that the Attorney General for Pakistan had raised the objection in the military courts case. “I think this case should be heard by the full court. I suggest that the Chief Justice of Pakistan form the full court,” Justice Shah added.

He went on to remark that in the presence of Sections 3 and 4 of the Practice and Procedure Act, this case should be heard by at least five members.

“Either the Supreme Court should decide the Practice and Procedure Act case or constitute a full court,” Justice Shah suggested.

The judge also referred to his note written during the military courts case. He said his objection was that such cases could be heard only by the full court.

After the objection raised by the member of the bench, the Supreme Court adjourned the case till August 28.

Chief Justice Bandial remarked that from the 28^th onward, the court would hear the case on a daily basis. He said that it wasn’t necessary that the court could only hear the merits of the case and give its judgment, it might be possible that the court can give judgment on the maintainability of the case.

“My retirement is near, it will be a shame for me if I did not give a decision,” the top judge remarked.

Dr Yasir Aman, assistant lawyer of Khawaja Haris (PTI chairman’s lawyer) appeared before the court. He told the court that Khawaja Haris was unwell and the latter allowed him to appear before the court in his stead.

The court allowed the assistant lawyer of Khawaja Haris that he could present his arguments.

But the Chief Justice remarked that the lawyers of both parties should present their final arguments in the next hearing.

He said this case has been pending since 2022. But no one has challenged the amendments to the NAB law made in 2023.

Justice Shah inquired if the current bench could continue the hearing of the case after the Act.

To this, CJP Bandial asked Makhdoom Ali Khan that he should get prepared to answer Justice Shah's questions in the next hearing.

Justice Ijazul Ahsan remarked that every case has its own facts and merits, the opinion given in a case is only for that case.

The Chief Justice said that the principle is clear, when there is a difference of opinion, the decision is taken by the majority. So far, in 22 hearings, the petitioner presented his arguments, while in 19 hearings, the lawyer of the federal government gave arguments, this case was not so long, the top judge observed.

Justice Shah inquired what fundamental rights have been affected. Up until now 47 hearings of the case have been conducted, but we have not been told if any fundamental rights have been affected, he added.

The Chief Justice asked Makhdoom Ali why he is shying away from giving arguments on the merits of the case.

Lawyer Makhdoom Ali Khan said that he was not shying away from giving arguments on merits, ‘it is my responsibility to raise the point of maintainability of the case’.

The CJP asked him why he was trying to get out of the case hearing.

Makhdoom Ali Khan said that the court has the authority to accept or reject his point.

The PTI assistant lawyer said that they have given all the answers to the court in writing.

On this, the Chief Justice remarked that the case would be heard on a daily basis and the court would decide the case.

Justice Shah said that the lawyer should also give arguments on this, whether the bench could hear this case after the Practice and Procedure Act.

After that, CJP Bandial adjourned the case hearing till August 28.

 

 

Reporter Amanat Gishkori