SC's Justice Mansoor puts Imran Khan on the defensive in NAB amendments case

Federal govt’s lawyer argues challenging the amendments could bring political benefits to PTI

ISLAMABAD – The Supreme Court on Friday raised questions over the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his party’s move to avoid the parliament proceedings when voting was held on the amendments to the National Accountability Bureau (NAB) ordinance in August last.

A three-member bench headed by Justice Umar Ata Bandial and comprising Justice Syed Mansoor Ali Shah and Justice Ijazul Ahsan heard a petition filed by Mr Khan against the amendments, which were approved after the PTI lawmakers resigned from the assembly following the ouster of the PTI chief as prime minister in April last.

“Does someone, who avoided voting on the legislation, resever a right to challenge it in court?” Justice Mansoor questioned, adding: “The membership of the National Assembly remains intact until the resignations are not accepted”.

“Since MNAs are public representatives if it is correct for them to boycott the parliament’s proceedings,” he asked, adding: “Isn't boycotting the legislation and then moving court tantamount to weakening democracy?”

How it would be determined that NAB amendment case is a matter of public interest, he asked, adding that Mr Khan did not highlight in the petition that the amendments were in conflict with basic rights.

Makhdoom Ali Khan, the counsel for the federal government, said Imran Khan could have failed the government’s bid to approve change NAB laws if his party had attended the joint parliament session. To which, CJP Bandial said a reply would be sought from the PTI chief on this point.

The chief justice said a matter related to public interest could not be disposed on a basis that the conduct of the applicant was not appropriate. Boycotting the parliament proceedings was a political move of the PTI, the top judge said. Justice Ijazul Ahsan also remarked that conduct of Imran Khan could be questioned if the NAB amendments provides him personal benefits.

The federal government’s lawyer contended that challenging the amendments could bring political benefits to the PTI chairman.

“One person has challenged the NAB amendments and it is possible that other members of his party are in favor of the amendments,” Justice Mansoor remarked.

After hearing the arguments, the court adjourned the case till Feb 14.