The hearing on the intra-court appeal against the Supreme Court's decision regarding the National Accountability Bureau (NAB) amendments has been deferred for an indefinite period. Former prime minister Imran Khan, one of the main parties in the case, appeared from Adiala Jail through a video link.
A five-member larger bench of the Supreme Court, headed by Chief Justice of Pakistan Qazi Faez Isa, heard the case. Unlike many previous proceedings in significant cases, Thursday's hearing was not being broadcast live on TV and social media channels.
On being asked by the chief justice, senior counsel Khawaja Haris said he would assist the court in the case. The CJP asked if the petition against the NAB amendments was still pending in the Islamabad High Court. Lawyer Makhdoom Ali Khan replied in the affirmative.
The hearing
Justice Athar Minallah asked if the application was approved for hearing in the high court. Makhdoom Ali Khan replied in the positive. The court then sought the high court's order of the hearing on NAB amendments case.
Advocate Khan told the court on being asked that a total of 53 hearings have been held in the main case.
The CJP asked how was the case being heard in the apex court while being heard in the high court also. "Did the court answer this question in its judgment of the main case?" he asked.
Makhdoom Ali Khan replied in the affirmative and then read out the relevant paragraphs of the Supreme Court decision.
“Why did the main case take so long?” the CJP asked.
Justice Jamal Khan Mandokhel asked how long it took to create the entire NAB ordinance. The attorney general told the court that former president Gen (retd) Pervez Musharraf assumed power on October 12, and introduced the NAB Ordinance in December. Musharraf made the entire ordinance in less than two months, he added.
Advocate Khan said initially, a nine-member bench of the Supreme Court was formed on the issue of general elections. Later, two of the judges recused and said the case was not maintainable.
“Even if a judge expresses his opinion in this case, he will remain a part of the bench,” the CJP remarked.
Justice Minallah said there was another point regarding the election case, adding that all the judges had said elections must be held in 90 days. However, the decision was not implemented, he remarked.
He further said that in 2023, the election case was declared inadmissible by two of the judges over similar reasons. “We said that there should be no interference in the case pending in the high court,” Justice Minallah said.
If the decision of the Lahore High Court had been implemented, then the elections would have been held on time, he said further. “An intra court order was not issued against the decision given by the Lahore High Court,” he further said.
On being asked about the order of the SC on elections, Advocate Khan said the order was probably not issued because of the disagreement on that point.
Makhdoom Ali Khan said there was a difference of opinion if seven judges should sign the order or five. The CJP said a judgement is one in which there is an order of the court.
The CJP looked at Justice Minallah and smiled, saying when the two of them sat on the bench, they got the elections conducted in 12 days. “Fortunately or unfortunately, I was not on the bench you are talking about,” CJP Isa remarked.
Makhdoom Ali Khan said they raised the issue of the case being inadmissible in court.
The CJP expressed indignation at the disturbances in the courtroom and told to leave whoever wanted to talk.
Meanwhile, Imran Khan’s image was removed from the screen showing him appearing through the video link.
Makhdoom Ali Khan said the Supreme Court cannot hear a petition pending in the high court, adding the NAB amendment case was also not maintainable in the Supreme Court.
After Justice Minallah and Justice Mandokhel gave some instructions to the court staff, the video of Imran Khan once again appeared on the screen inside the courtroom.
Advocate Khan said that after completing the Practice and Procedure Case, the NAB amendment case was started to be heard.
“Our position in the court was that no law can be suspended,” Makhdoom Ali Khan said, adding that it was suspended at the bill level in the Practice and Procedure case.
Justice Mandokhel asked if suspending the law at the level of the bill was akin to suspending the parliamentary proceedings. CJP Isa said if that was so, then why should parliament not be suspended.
“Whether we break the law or the army does so, it is the same thing,” the chief justice remarked, asking if "we can ever" progress as a country.
“Isn't it exploitation to continue hearing other cases by suspending a law and forming a bench against it?” CJP Isa.
Justice Minallah asked if an appeal could be filed by the aggrieved party or anyone? “How is the government an affected party in this case?” he asked further, adding that under the Practice and Procedure Act, an appeal could be filed only by the aggrieved person.
Justice Mandokhel said not only the affected person, but the law says the affected party can also file an appeal.
He further asked if a party member can vote against the party's decision on a bill. The CJP replied that there was a review petition on this matter. Justice Minallah said a strong parliament, an independent judiciary, and a fearless leader were essential against corruption.
CJP Isa said if ordinances had to be introduced, then parliament should be shut down. "Through an ordinance, you impose the will of one person on the whole nation. Isn't this against democracy? Shouldn't the president write detailed reasons for the ordinance?" he asked.
Justice Minallah then called Attorney General for Pakistan Mansoor Usman Awan to the rostrum, and remarked, "You have started threatening the judges through a proxy? Will you make footballs out of turbans?"
The AGP replied that these remarks were insulting and called Senator Faisal Vawda's press conference disrespectful. "All this comes under contempt," he added. Justice Minallah told him he, as the attorney general, had powers in this regard.
The hearing on the intra-court appeals against the NAB amendments verdict was postponed indefinitely. The court noted that the next hearing would be held on the availability of the bench. The court also issued instructions to present Imran Khan on video link in the next hearing as well.
“I am not available next week,” Chief Justice Isa said, and asked Khawaja Haris if he was going anywhere. The lawyer replied in the negative, saying: No, I am here, I don't want to go anywhere.”
Justice Minallah said the PTI founder was also not going anywhere from jail, as his remarks evoked laughter in the courtroom.
At this, PTI leader Ali Muhammad Khan, sitting at the back of the room, shouted: “He will go straight from the jail to the Prime Minister House.”
Imran Khan's photograph
Meanwhile, after the photograph of PTI Founder Imran Khan went viral on social media, security was tightened outside the Supreme Court, as more officers were deployed. The SSP (security) himself reached outside the courtroom, and everyone entering the courtroom was being searched.
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No unauthorized person was allowed to enter the courtroom.
A lawyer appeared on the rostrum and said the proceedings were not being broadcast live. CJP Isa told the lawyer to sit down, as they were hearing arguments. The lawyer argued that he just wanted to bring it to his notice. The CJP insisted the lawyer sit down.
Earlier, arrangements for the video link appearance of Imran Khan in Courtroom No 1 had been completed, while a video link was also arranged from Adiala Jail. Entry into Courtroom No.1 was restricted to the relevant people only.
Led by former CJP Umar Ata Bandial, the Supreme Court had accepted an appeal of Pakistan Tehreek-e-Insaf (PTI) Founder Imran Khan, which subsequently deemed the NAB amendments introduced by the PDM coalition government invalid.
Challenging the verdict, the federal government promptly filed an appeal under the Supreme Court Practice and Procedure Act. The first hearing into the intra-court appeal was held in October last year, and the second just two days ago.
In the intra-court appeal, the government had also made Imran Khan a party. In response to the Supreme Court's notice asking what he would like to say, the former premier expressed his intent to present his case himself.
At the last hearing, the SC bench, headed by Chief Justice of Pakistan Qazi Faez Isa, granted him permission to deliver his statement via video link.
Last hearing
On May 14, the Supreme Court accepted Imran Khan's request to present his arguments himself on the intra-court appeals against the nullification of NAB amendments.
A five-member Supreme Court bench, headed by the chief justice of Pakistan (CJP), is hearing intra-court appeals against the nullification of NAB amendments. The bench allowed the former prime minister to present his arguments through a video link.
During the hearing, Imran Khan's letter was presented in the Supreme Court. The CJP said that according to the letter, Imran Khan wanted to appear in his personal capacity to present his arguments. Justice Jamal Khan Mandokhel said it was up to the petitioner to decide whether he wanted to appear in person or through counsel.
Justice Athar Minallah asked how he could be stopped if he wanted to appear in his personal capacity.
The CJP remarked that this matter was not about personal rights, but about amendments to the law. If it was his personal matter, he would have definitely appeared. "How can a common man assist the court? If the appearance in court is to be used for any other purpose, it will have to be examined," he remarked.
CJP Isa commented that it had turned into a strange situation, as the NAB was also a supporter of the government in this case. The PTI founder should be given an opportunity to listen to the position of the other side. They are opposing parties, they are not represented here.
