In partnership with
Profit
IMRAN JOINS SC HEARING OF APPEALS IN NAB LAW AMEND CASE WITHOUT CHANCE TO SPEAK Friday, 17 May, 2024 I |8 Zil-Qadah, 1445
g
CJP ISA NOTES BENCH WILL BE UNAVAILABLE NEXT WEEK AND ADJOURNS HEARING INDEFINITELY
g
APEX COURT INITIATES INVESTIGATION AFTER PTI FOUNDER’S VIDEO LINK PICTURE GOES VIRAL
Khan’s picture goes viral as SC decides against live broadcast of hearing ISLAMABAD
STAFF REPORT
T
ISLAMABAD STAFF REPORT
HE incarcerated former premier and PTI founder Imran Khan appeared on Thursday before a five-member larger bench of the Supreme Court via video link without getting a chance to speak, as Supreme Court resumed hearing on the intra-court appeal against verdict against the NAB law amendments. The five-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, is comprised of Justices – Aminuddin Khan, Jamal Khan Mandokhail, Athar Minallah and Hasan Azhar Rizvi — resumed hearing the case. The former premier appeared via video link from Rawalpindi’s Adiala jail. While the previous hearing was broadcast live, today’s hearing was not. As the hearing began on Thursday, the CJP called Attorney General Mansoor Usman Awan to the rostrum along with the government’s counsel, Makhdoom Ali Khan. Khawaja Haris, who earlier represented Imran during the first round of litigation, also appeared in court. The chief justice said he was the counsel in the “original case” and the court would also like to hear his stance. Haris informed the court that he
would assist the court in the matter. Following his remarks, the chief justice asked Haris to present his arguments loudly to ensure Imran can hear via video link. The government’s counsel then began presenting his arguments and informed the apex court that the NAB amendment case was sub judice before the Islamabad High Court (IHC). When Justice Minallah asked if the petition was accepted by the IHC, Makhdoom replied in the positive. The chief justice then sought the records of the case in the IHC, including the order. Justice Minallah inquired about the objections raised by the registrar’s office on the plea of the PTI founder, to which Makhdoom responded that the petitioner hadn’t approached any other forum. The development came after the SC on Tuesday, hearing the case about the National Accountability Bureau (NAB) laws, had ordered the federal and Punjab governments to facilitate Imran’s appearance on Thursday via video link from Adiala jail. Justice Athar Minallah — part of the five-member bench hearing the case — had stated that the top court could not deny an audience to the ex-premier if he wished to appear before it for the case. Dressed in blue, Imran appeared via video link and the PTI circulated a picture of the purported video call, which went
The Supreme Court has resumed hearing a case about changes in the accountability laws as former prime minister Imran Khan appeared before it via video link as a petitioner in the matter. The anticipated development comes after the Supreme Court on Tuesday, hearing the case about the National Accountability Bureau (NAB) laws, had ordered the federal and Punjab governments to facilitate Imran’s appearance on Thursday via video link from Adiala jail. Justice Athar Minallah — part of the five-member bench hearing the case — had stated that the top court could not deny an audience to the expremier if he wished to appear before it for the case. Today, the bench — headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and also including Justices Aminuddin Khan, Jamal Khan Mandokhail, Athar Minallah and Hasan Azhar Rizvi — resumed hearing the case. Imran appeared via video call dressed in blue. While the previous hearing was broadcast live, today’s hearing is not. If live-streamed, this was expected to be Imran’s first public appearance since his arrest from Zaman Park in
viral, with a laptop screen showing him seated in a room wearing a light-blue shirt, freshly shaven, and seemingly uninterested as he rested his face on his hand. Though the origin of the screen grab could not be verified independently, it appeared to match what was shown on the screen inside the court, according to
August last year in the Toshakhana case despite reservations expressed by Law Minister Azam Nazeer Tarar about the SC’s directives. A day ago, a division bench of the Islamabad High Court granted the former premier bail in the £190 million case on “reasonable ground” while an Islamabad session court acquitted him in a 2022 case in connection with the Azadi March. On the other hand, the PTI had expressed apprehensions about a visitors’ ban in Adiala jail, saying the move was implemented to keep the party chief away from the SC proceedings. Speaking at a press conference, PTI spokesperson Raoof Hasan had claimed that over the past two days, Imran’s security guards were suddenly changed at midnight and the hearings in the Al-Qadir Trust, cipher, and Toshakhana cases were postponed under various excuses, while the government’s counsel in the Iddat case suddenly left the country. The apex court is seized with a number of intra-court appeals (ICAs) moved by the federal government as well as by a private citizen Zuhair Ahmed Siddiqui, who was an accused in a corruption case but not a party to the challenges to the NAB amendments case.
CONTINUED ON PAGE 03
a Reuters reporter present inside the courtroom. Up to 15,000 of Imran’s supporters waited on the PTI’s YouTube channel for the court visuals to be aired, Reuters reported. That number fell below 5,000 when it became apparent the live stream was not happening.
Supreme Court hears contempt case against Senator Vawda today ISLAMABAD
STAFF REPORT
The Supreme Court on Thursday fixed a case for contempt proceedings against independent Senator Faisal Vawda for today (Friday). The case will be heard by a threemember bench led by Chief Justice of Pakistan Qazi Faez Isa and comprising Justices Naeem Akhtar Afghan and Irfan Saadat Khan at 9am. The advocate on record will be Attorney General of Pakistan (AGP) Mansoor Awan. The development comes a day after Vawda questioned judges about their allegation of interference in judicial matters by intelligence agencies, saying that without evidence no one had the right to raise a finger at institutions. In late March, six Islamabad High Court (IHC) judges — out of a total strength of eight — wrote a startling letter to the Supreme Judicial Council members, regarding attempts to pressure judges through the abduction and torture of their relatives as well as secret surveil-
lance inside their homes. Meanwhile, in a letter written to IHC Chief Justice Aamer Farooq on the breach of his family’s personal data, Justice Babar Sattar had said that while hearing the audio leaks case, he issued notices to the heads of intelligence and investigation agencies, besides relevant ministries.
Rs 20.00 | Vol XIV No 317 I 8 Pages I Islamabad Edition
“At some point during the hearing of the case, I was delivered messages on behalf of top officials in the security establishment asking me to ‘back off’ from extensive scrutiny of the existence and mode of surveillance,” the judge had said. In his press conference at the National Press Club on Wednesday, Vawda came
CONTINUED ON PAGE 03
down hard on the judiciary while addressing the media. He had said the country’s judicial history was not up to the mark and institutions should not be targeted. During his press conference, Vawda had said that the trend of targeting institutions should be stopped. He had said why Justice Sattar had raised his voice “one year after the alleged interference”, adding that if the IHC judges had any evidence they should come forward. “We will stand with you”. However, the senator had said institutions should not be targeted on the basis of mere accusations. In a Supreme Court hearing on changes to the country’s accountability laws today, Justice Athar Minallah had addressed the AGP and said: “You have now started threatening the judges through proxies? Will you make a football from our wigs?” The AGP in turn said that Vawda’s press conference was tantamount to contempt. “We do not support this action,” AGP Awan said.
Pak, China to play positive role in Afghanistan ISLAMABAD
STAFF REPORT
Pakistan and China have affirmed their commitment to supporting Afghanistan’s journey towards stability and international integration, as stated in a joint announcement by the Ministry of Foreign Affairs. This declaration follows the conclusion of Deputy Prime Minister Ishaq Dar’s diplomatic visit to Beijing. During the Fifth Round of China-Pakistan Foreign Ministers’ Strategic Dialogue, both nations pledged assistance to Afghanistan and urged global support in addressing humanitarian and economic challenges, fostering inclusive politics, advocating moderate policies, promoting good neighborly relations, and combating terrorism. Discussions between Pakistani and Chinese officials encompassed various facets of their bilateral relations, spanning strategic, economic, political, defense, and cultural cooperation. Emphasis was placed on safeguarding mutual interests and fostering regional peace and development. Affirming their enduring friendship and strategic trust, Pakistan and China committed to deepening cooperation across all sectors and implementing previously agreed-upon initiatives. They exchanged congratulations on recent accomplishments and reiterated support for each other’s core interests, including territorial integrity and counterterrorism efforts. In response to the terrorist attack on the Dasu Hydropower Project convoy, both leaders vowed to bolster security measures and collaborate closely in counterterrorism endeavors. They stressed the significance of peace and stability in South Asia and endorsed peaceful conflict resolution through multilateral dialogue. The two sides pledged to enhance collaboration on China’s Belt and Road Initiative, with a focus on aligning the China-Pakistan Economic Corridor (CPEC) with Pakistan’s developmental objectives. They reaffirmed commitments to expedite infrastructure projects and strengthen cooperation in agriculture, industry, and technology. Ensuring yearround functionality of the Khunjerab Pass for bilateral trade was also highlighted. The meeting addressed advancing energy cooperation, fortifying financial ties, and acknowledged China’s support during natural disasters in Pakistan. Furthermore, they celebrated burgeoning cooperation in space exploration and reiterated the importance of regional peace, particularly in resolving disputes such as the situation in Indian Illegally Occupied Jammu and Kashmir, through established international norms and agreements. In parallel, amid China’s formal acceptance of a permanent Afghan ambassador under the Taliban regime, a top aide to President Xi Jinping visited Islamabad on February 2 to apprise Pakistan of developments. Both sides reaffirmed commitment to a peaceful and stable Afghanistan, stressing enhanced coordination for regional stability and recognizing the pivotal role of neighboring nations in fostering peace, stability, and prosperity in the region. While regional countries had previously agreed to collectively decide on recognizing the Taliban government, China’s direct engagement with the Taliban government could potentially enhance its influence and benefit Pakistan in the long term. Nonetheless, China remains wary of Afghanistan being exploited by terrorist entities, indicating ongoing concerns despite diplomatic developments.
Imran Khan was supposed to speak at SC. The case in question might determine fate of white-collar financial crime in Pakistan? g
MR KHAN IS COMPLAINANT IN CASE SC HEARING REGARDING PREVIOUS PDM GOVERNMENT’S DECISION TO CLIP POWERS OF NAB. WHAT IMPLICATIONS DOES THE CASE HAVE ON WHITE-COLLAR FINANCIAL CRIME? PROFIT
ABDULLAH NIAZI
It was supposed to be a big day for Imran Khan. For the first time in more than eight months the former prime minister was going to make a public appearance. Not only would he be visible, albeit through video link, he was supposed to have had the opportunity to speak his mind. The occasion was a hearing of the fivemember bench of the Supreme Court deliberating on a case regarding the powers of the National Accountability Bureau. In the end, the anticipation of Mr Khan finally being able to speak ended in disappointment. The hearing was not broadcast on a live stream as it has been since Justice Qazi Faez Isa took over as Chief Justice. On top of this the court’s proceedings were adjourned without Mr Khan getting to speak. But what exactly is the case that the Supreme Court is hearing and how does it involve the former prime minister? The mountain of legal challenges facing Mr
Khan often makes it hard to keep track of just which case he is getting bail in, which one he is getting sentenced in, and which one he is appealing. Amongst the dozens of cases he is involved in, however, this one is different because Mr Khan is the petitioner. Back in 2022, Imran Khan had filed a petition challenging amendments to the National Accountability Ordinance made by the then PDM government in parliament. The amendments in the ordinance had severely clipped the wings of NAB and had in turn given relief to a number of prominent politicians including Prime Minister Shehbaz Sharif, his brother Nawaz Sharif, and President Asif Ali Zardari amongst others. In his petition Mr Khan claimed that the government was using its position in a weakened parliament to pass legislation that would benefit its leaders. How has the case proceeded up until this point? What are the powers of NAB that were clipped in the process? Why did Imran Khan not get to speak and could we expect him to get his day in court soon? The case at hand
Back in May 2023, barely two months before the PDM government disbanded, parliament was on a legislative spree. Among these legislation were changes being made to the National Accountability Ordinance which governs how corrupt practices are investigated and dealt with in the country. The exact nature of these amendments are part of a complex web of legislation at the time that parliament was undertaking. They were not just clipping the wings of NAB, but also curtailing the powers of the Chief Justice of Pakistan (CJP) and making other major amendments to certain laws. This must be kept in mind. The amendments to the accountability ordinance were passed. The amendments curtailed some powers of the NAB Chairman, limited the term of the chairman and prosecutors to three years, and held that NAB would not have jurisdiction over any cases that involved a value of less than Rs 50 crores or where there were at least 100 affectees. In June 2023, less than a month after the changes were made, Imran Khan approached the Supreme Court to challenge
the coalition government's recent amendments to the National Accountability (NAB) Ordinance, contending that they will "virtually eliminate any white-collar crime committed by a public office holder". The petitioner goes to jail At the same time as this, Imran Khan was facing a myriad of legal challenges. The former prime minister, who was first arrested back in May leading to the events of 9th May before being let out on bail a few days later, was arrested for good in August 2023. He was quickly incarcerated and arrested in a vast array of different cases. At the same time, however, his petition against the NAB ordinance was still being heard by a three member bench of the SC comprising then Chief Justice Umar Atta Bandial, Justice Ijaz ul Ahsan, and Justice Syed Mansoor Ali Shah. Even as this three-member bench was hearing the case, the government decided to pass the Supreme Court (Practice and Procedure) Act 2023 in September. This new act was aimed at clipping the wings of the Chief Justice who could at that
point constitute benches to hear cases as he pleased. The passing of the act raised a constitutional question. Could the SC continue previously constituted benches while parliament had changed the procedures of the supreme court? The former Chief Justice felt that the matter of cases pertaining to white collar financial crime was too important and kept hearing the case despite a dissenting note by Just Syed Mansoor Ali Shah. On the 16th of September, a day before his retirement, the three judge bench led by Chief Justice Bandial threw out the accountability ordinance amendment and restored all of the cases NAB had been pursuing against different politicians. Before this reversal, a number of politicians including Asif Ali Zardari, former prime ministers Nawaz Sharif and Shehbaz Sharif, Maulana Fazlur Rehman, Faryal Talpur, Khawaja Asif, Khawaja Saad Rafique, Rana Sanaullah, Javed Latif, Makhdoom Khusro Bakhtiar, Amir Mehmood Kayani, Akram Durrani, and Saleem Mandviwalla had all benefited from the amendment.
CONTINUED ON PAGE 03