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Supreme Court seeks record of beneficiaries of NAB law in PTI govt

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  • Govt counsel says amendments in line with previous ones.
  • Says SC should not confine itself only to 386 cases and references.
  • Bringing new amendments to NAB law cannot have a retrospective effect, says SC judge.

ISLAMABAD: The Supreme Court on Wednesday sought the record of beneficiaries of NAB ordinances promulgated during the tenure of Imran Khan from the National Accountability Bureau.

A three-member bench of the apex court, headed by Chief Justice Umer Ata Bandial and comprising Justice Ijazul Ahsen and Justice Syed Mansoor Ali Shah, heard the petition of former prime minister and Chairman of the Pakistan Tehreek-i-Insaf (PTI) Imran Khan, challenging the amendments made by the coalition government to the National Accountability Ordinance (NAO) 1999.

Makhdom Ali Khan, counsel for the federal government, while advancing his arguments, submitted before the court that the present amendments made to the National Accountability Ordinance of 1999 were in continuation of the previous amendments made to the law.

He submitted that the court should not confine itself only to the 386 cases and references that were sent back by the accountability court after amendments were made to the NAO 1999 by the present government. Makhdom Ali Khan, in response to Justice Ijazul Ahsen’s query the other day, said that since five NAB ordinances were promulgated during the three-and-a-half-year government, the court could have also asked how many references were sent back and how many accused were acquitted through these ordinances and who benefited from it. “Then you should tell us what questions we should pose to the National Accountability Bureau (NAB), and we will note them down,” Chief Justice Umer Ata Bandial told the learned counsel for the federal government.

The counsel replied that the court should ask the NAB how many references were sent back by the accountability courts through the ordinances promulgated by the PTI government.

Similarly, the counsel submitted that the court should also ask the National Accountability Bureau (NAB) how many people got acquitted through the PTI ordinances and how many applications for acquittal were returned by the trial courts.

At the outset of the hearing, Justice Syed Mansoor Ali Shah observed that even if the anti-graft body law was abolished, other laws could tackle the crimes. The judge said that it was incorrect to say that after being acquitted in the NAB cases and becoming clean, one could go home easily.

“This impression is incorrect that by abolishing the NAB, the grip of the law will also be reduced,” Justice Mansoor Ali Shah said.

Justice Ijazul Ahsen said that it was the stance of the petitioner that the standard of establishing the crime has been changed in NAB cases through the amendments made to the National Accountability Ordinance (NAO) 1999.

This is also an important question after being convicted in NAB cases; how could the new amendments be applied with retrospective effect?

“Bringing new amendments to the NAB law could not have a retrospective effect,” Justice Ahsen remarked, adding that it was very strange that the new amendments to the NAB law have such great amnesty.

“I also know that there are other laws besides the NAB laws, but after all, if an accountability court acquits an accused of an offence, he will go home,” the judge remarked.

Meanwhile, the court adjourned the hearing for today (Thursday). 

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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