ISLAMABAD Aug 31 (Online): The Chief Justice of Pakistan Umar Ata Bandial has said that it is a serious matter for 49 crores of corruption to escape from NAB and go free.
A three-member bench of the Supreme Court headed by the Chief Justice of Pakistan heard the case against the NAB amendments.
According to the details, Advocate Makhdoom Ali Khan argued that there was a question regarding the past application of NAB amendments. There is no prohibition in the constitution of past application of legislation.
Justice Muneeb himself declared in his decision in the High Court that Laws applied in the past cannot be declared null and void.
The Chief Justice of Pakistan inquired why the amnesty scheme has been exempted from the NAB Ordinance.
He said give arguments on NAB amendments related to benami. In benamidar references, the main case is assets beyond the means. The definition of benami has been changed in NAB amendments. Now it has been made mandatory by NAB amendments that first, the prosecution should prove whether benami property was created with the money of corruption. NAB amendments have put an unnecessary burden on the prosecution, action against benami is the center of the accountability process. At least this must be determined.
Assets are not created by corruption.
Makhdoom Ali Khan, referring to Justice Mansoor Ali Shah’s decision in the Khurshid Shah case, said that every anonymous transaction is not a corrupt transaction. If the prosecution is making allegations of corruption, it should have some evidence to prove corruption. It is not enough to just accuse the benami. The prosecution will also have to prove whether the benami is or not. NAB has raided people’s houses and broken lockers.
CJP said that it has to be seen whether the sources of income are compatible with the assets or not. If the source of income is not disclosed by the accused, it cannot be proved as a crime.
Khawaja Haris said that the crimes listed in the NAB law are not a part of any other law. Hundreds of people were given a clean chit by the NAB amendments. After the NAB amendments, those who plea bargain less than 50 crores should be transparent. Nowhere in the amendments is it written that where the case returned from NAB will go, the one less than 50 crores was withdrawn from the authority of NAB.
The Chief Justice said that it is a serious matter that the 49 crore corruption person will escape from NAB and go free.
Makhdoom Ali Khan said that the limit of 50 crore rupees was fixed for NAB cases because the observations of various courts had been given.
The Chief Justice said that if we look at the public sector from 1999 till now, growth will be seen. Look at PIA, look at electricity transmission companies. Line losses are up to 40% across the country.
Khawaja Haris said that from 2018 to 2021, 18 billion rupees were spent on NAB investigation and references. Applying the law from the past will waste public money. Waste of public money comes under public interest. NAB amendments stopped the entire plea bargain process.
Justice Mansoor Ali Shah said that the process of plea bargain was stopped by the parliament because there was an aspect of pressure in some plea bargain cases.
Later, the Supreme Court of Pakistan adjourned the hearing of the case against the NAB amendments till tomorrow.
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