Imran Khan appears before SC via video link for hearing on NAB amendments

Image released by Pakistan Tehreek-e-Insaf (PTI) showing former Prime Minister Imran Khan during his appearance at the Supreme Court on May 16, 2024. PTI

RAWALPINDI: Imran Khan, former prime minister and founder of Pakistan Tehreek e Insaf (PTI), on Thursday appeared before the Supreme Court via video link to present his arguments in the National Accountability Bureau (NAB) amendments case.

The case taken up by SC following the intra-judicial appeals filed by the federal and provincial governments against the NAB amendments struck down by the apex court was heard by a larger five-member SC bench headed by the Chief Justice Qazi Faez Isa and including Justice Amin. -ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah and Justice Hasan Azhar Rizvi.

The hearing in the case was not broadcast live today.

Earlier in the day, on the orders of the Supreme Court, arrangements were made at Adiala jail for the appearance of the PTI founder, Geo News reported quoting jail sources.

The sources said the Adiala jail administration informed the PTI founder about his appearance through video link. Staff from the top court and prison authorities conducted a trial run of the video link before Khan's appearance, they added.

Imran Khan appears via video link

Khan, lodged in Adiala jail, wanted to appear in person before the top court to present his arguments, after which the court allowed him to defend himself through video link.

A day ago, his lawyers Khawaja Haris and Intezar Panjutha had a brief meeting with Khan in jail following the SC order.

“The PTI founder can present his arguments in the next hearing via video link if he wishes. […] arrangements should be made for presentation of arguments through video link,” Chief Justice Qazi Faez Isa had said on Tuesday.

He made this point while hearing the federal government's intra-judicial appeal against the SC 2023 verdict that struck down some of the NAB amendments. This case was also heard by the aforementioned court.

The ex-prime minister has been out of sight since August 2023 after being arrested following his conviction in the Toshakhana case.

After being arrested, the PTI founder was convicted in several cases, including encryption and illegal marriage. He remained imprisoned even though he was granted bail in some cases.

Today's hearing

At the start of the hearing, the CJP asked Pakistan's Attorney General Mansoor Usman Awan whether the video link with Khan had been established.

The video link is active, replied the AGP.

The former prime minister, who appeared via video link, was seen wearing a light blue shirt.

Following this, government lawyer Makhdoom Ali Khan began his argument and was asked to speak loudly so that the PTI founder could also hear his arguments via video link.

The court also sought the verdict on the hearing of the NAB amendments case before the Islamabad High Court.

The government counsel said the issue of amendments to the NAB was pending at the IHC.

Justice Minallah asked the lawyer if the petition pending before the High Court had been admitted for hearing.

Yes, it was declared admissible, replied Makhdoom. CJP Isa then asked him to obtain the complete record of the case against the NAB amendments from the IHC.

Khawaja Haris, who was Khan's lawyer in the case before the PTI founder sought to present his arguments in the case himself, was also present in the SC.

CJP Isa asked Khawaja Haris if he had submitted the fee bill as a lawyer. I don't want any fees, he replied.

The chief justice told Haris that the court would also like to hear his position in this matter as he was the lawyer in the case when it was initially challenged in the Supreme Court.

The Chief Justice, during the hearing, asked when the petition against the NAB amendments was filed with the IHC.

The petition was filed in the Islamabad High Court on July 4, 2022, Makhdoom replied, adding that the SC fixed the appeal for July 6, 2022, while the hearing was held on July 19 of the same year .

CJP Isa asked the government lawyer why the case had lasted so long and if he was trying to prolong it.

Apart from me, many lawyers had put forward arguments. We wanted the matter to end quickly, he said, adding that the facts were not properly assessed when declaring the NAB amendments invalid.

How many hearings were held in total, Justice Minallah asked government counsel.

In total, 53 hearings were held, he replied.

The chief justice again asked Makhdoom why the case had taken so long.

The petitioners took time to present their arguments, he replied.

Justice Mandokhail asked how long it took to pass the NAB Act in 1999.

Immediately after martial law, the NAB Act was passed within a month, the AGP replied.

CJP Isa said it was surprising that 53 hearings on the NAB amendments case had been conducted.

Why did it take so long to hear a case related to a few amendments? Makhdoom Ali Khan, you were present in the case, why did it take so long? » asked the chief justice.

It took a long time to discuss the admissibility of the case, the government counsel responded.

The Chief Justice asked how the matter was admissible before the SC although it was heard by the IHC.

Did the court answer this question in the verdict of the main case, asked CJP Isa.

Makhdoom responded that the court had indeed raised this issue in the judgment. The lawyer then read out the relevant paragraph of the SC decision in court.

Meanwhile, Justice Minallah asked government lawyers about the objections to the PTI founders' request in the matter.

The registrar objected that no reference was made to any other relevant forum, he replied, adding that the court also rejected this objection.

He added that notices were issued to the parties regarding the application on July 19, 2022.

To this, AGP Awan said that former President General (retired) Pervez Musharraf assumed power on October 12, 1999 and the ordinance was promulgated in December. Musharraf had completed the entire ordinance in less than two months.

He added that the matter was pending before the Peshawar High Court and the Lahore High Court.

The SC heard the election case although the matter was heard by the high courts, Makhdoom said.

During the hearing, reference was also made to the 4:3 judgment in the Punjab election case.

The chief justice then asked when the Practice and Procedure Act was implemented and how many hearings on the NAB amendments case were held afterward.

Many hearings took place after the Practice and Procedure Act, the government lawyer said.

During the hearing, CJP Isa asked the Khyber Pakhtunkhwa lawyer to take a seat when he mentioned that court proceedings were not telecast live.

Meanwhile, Justice Minallah said whether it was right or wrong, the Practice and Procedure Act was suspended by the court.

Makhdoom argued that Justice Mansoor Ali Shah had ruled against the application of the Practice and Procedure Act without correcting it.

The Chief Justice remarked how far the country would progress if the laws continued to be suspended.

Does not suspending a bill suspend the work of Parliament? » asked Justice Mandokhail.

What difference does it make that we [judiciary] or the military is breaking the law? » asked the CJP.

Justice Minallah asked Makhdoom how the government was the relevant party in this matter.

Under practice and procedure [Act]the appeal will be lodged only by the injured person, he noted.

Justice Mandokhail added that not only the aggrieved person but also the aggrieved party can also file an appeal as per law.

There can be two interpretations according to which the right of appeal was limited to the injured party only. The aggrieved party could then include members of the government judiciary who would pass the bill, the chief justice noted, adding that the court would then have 150 motions available if that happened.

The lawmakers wrote the words aggrieved party, Justice Minallah noted.

The Supreme Court adjourned the hearing of the case sine die and ordered that the PTI founder's appearance through video link be ensured in the next hearing.

Cases of NAB amendments

In September 2023, a three-member bench of the SC had approved former Prime Minister Khan's petition challenging the amendments made to the country's accountability laws during the tenure of the previous Pakistan Democratic Movement (PDM)-led government.

Headed by the then Chief Justice Umar Ata Bandial and comprising Justice Mansoor Ali Shah and Justice Ijazul Ahsan, the court held more than 50 hearings and, in its 2:1 majority verdict, restored the corruption cases against public office holders that were closed following the amendments. .

The apex court ordered the reinstatement of all corruption cases worth less than Rs 500 million that were filed against political leaders belonging to different political parties and public office holders and declared the amendments void.

The verdict foresees far-reaching consequences, as overturning the amendments would mean that references against some of the country's biggest political wigs would land again in the courts of accountability.

These include the Toshakhana reference against Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif, Pakistan People's Party co-chairman Asif Ali Zardari and former Prime Minister Yousuf Raza Gilani, as well as than the LNG reference against former Prime Minister Shahid Khaqan Abbasi and the rental power reference against another ex-Prime Minister Raja Pervez Ashraf.

Following the verdict, the federal government filed an appeal under Section 5 of the SC Act against the apex courts' order.

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