SC to resume hearing of PTI chief ’s petition against amendments in NAO 1999 today

ISLAMABAD     -         The Supreme Court of Pakistan will Monday (today) resume hearing of the constitutional petition of PTI Chairman Imran Khan against the amendments in the NAO 1999. A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan and Justice Syed Mansoor Ali Shah will conduct hearing of the constitutional petition of PTI chairman Imran Khan. Previously, Justice Umer Ata Bandial had said that the Supreme Court would strike down a law when it contradicts the fundamental rights. During the last hearing, Justice Mansoor Ali Shah said that if someone files a petition that the Prime Minister cannot run the country and requests the apex court to look into this matter, then will the Supreme Court take its jurisdiction under Article 184(3) on that basis and run the government as their fundamental rights are affected. “Where shall we stop?” He questioned that if there was no amendment in the National Accountability Ordinance (NAO) 1999 and rogue elements come to power and they all were fraudulent and designed the government and used the law in a way to protect corrupt people then what the court could do? Khawaja Haris argued that in the Bank of Punjab case, neither the FIA nor the NAB took action against those who were involved in the financial scam of the bank. It was the Supreme Court that had asked the NAB to initiate proceedings against them. Justice Mansoor remarked that is it not that the apex court had taken up the functions of the executive. He questioned that should the judiciary take the supra role? He asked, “Do we (SC) cross the system of separation of power?” “We do not assume the executive functions, but we ask them to perform their function in accordance with the law,” the Chief Justice said. He remarked that under Article 184(3) the Supreme Court, though empowered to take suo moto, uses this power where there are violations of fundamental rights. He added that the government had passed the amendments in June this year but we had shown restraint and did not take up the case unless a petition under Article 184(3) of the constitution was filed by the PTI chairman [Imran Khan]. Justice Mansoor said the court has taken a number of cases against the executive functions and struck down the provisions where these contradicted the fundamental rights. He asked the PTI counsel that you wanted the court to bring back those provisions which were before the amendments. The Chief Justice said that if something offends the fundamental rights then that law should be struck down. You (PTI chief) do not want the entire law to be struck down, but have requested to declare certain provisions in the amendments in NAO. He questioned if the law is repealed then void would be created. The Chief Justice asked Khawaja Haris to apprise how that void would be filled?

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