Imran Khan Allowed Video Link Appearance in NAB Amendment Case

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CJP Isa further remarked that the matter purely relates to the Constitution and the law, adding that the bench is scrutinising whether the amendments made to the NAB laws are ultra-vires or intra-vires of the Constitution

2024-05-14T16:11:00+05:00 Sabih Ul Hussnain

The Supreme Court on Tuesday allowed former prime minister Imran Khan to appear before the court through video link in the NAB amendment case. Imran is a petitioner in the case.

The top court has directed the government to make arrangements at Adiala Jail for Imran to appear via video link in the wake of the threats to his security if he made a personal appearance in the court. 

The top court is likely to hear Imran Khan via video link at the next hearing of the case on Thursday.

It is yet to be decided whether the proceedings would be live streamed on the top court's official website and Youtube channel.

On Tuesday, a five-judge bench, headed by Chief Justice Qazi Faez Isa, took up a set of appeals against top court's judgement regarding NAB amendments. The government is among those who have appealed.

At the outset of Tuesday's hearing, Justice Athar Minallah remarked that Imran Khan is one of the petitioners in the main case and, thus, entitled to attend hearings. If he wishes to appear in the case and given the security concerns surrounding his physical appearance, Justice Minallah noted that the government should make appropriate arrangements. He further remarked that the matter is related to the National Accountability Bureau, and it is perceived that the institution is involved in political engineering. He further asked how one of the petitioners (Imran Khan) could be denied access to the court in the case.

At this, Chief Justice Isa reminded that a short order from the court had mentioned that if Imran Khan wanted 'to be represented' in the case, then the needful must be done accordingly. CJP Isa further remarked that the matter purely relates to the Constitution and the law, adding that the bench is scrutinising whether the amendments made to the NAB laws are ultra-vires or intra-vires of the Constitution.

He further questioned whether a person, who is not a lawyer, could assist the court in a constitutional and a legal matter. CJP Isa further remarked that it is not the matter of an individual's right, adding that if this case is being used for some other purposes then it becomes a different matter.

When a deadlock appeared to have been reached on the opinion of letting Imran appear for the hearing, Chief Justice Isa paused further hearings for five minutes to consider Imran's request for a personal appearance. 

After the brief break, the bench allowed Imran to appear through a video link. 

Attorney General Mansoor Usman submitted that arrangements could be made in Adiala Jail next week, but the chief justice insisted that arrangements should be completed in the ongoing week because the bench would be unavailable to take on the case next week. 

Earlier, the federal government's counsel, Makhdoom Ali Khan, initiated his argument in the case.

During the hearing, CJP Isa said they would limit the day's proceedings to legal points, stressing that the case is regarding whether the amendments are ultra vires of the Constitution.

Khyber Pakhtunkhwa's advocate general voiced support for the apex court's decision against the NAB amendment. The attorney general, expressing on behalf of the federal government, backed the NAB amendments passed by the Parliament.

Questioning the federal government's locus standi in the case, Justice Minallah stressed that only an affected party can file an appeal against a verdict.

"This appeal is not admissible under the Benazir case," the judge said.

Furthermore, with the CJP underscoring the need for the President to give reasons behind the issuance of an ordinance, Justice Mandokhail said the federal government also has to give reasons as to why it was necessary to pass the ordinance.

Lamenting that NAB was used for "political engineering", Justice Minallah called on the anti-graft watchdog to inform the court about the number of politicians it went after and how many of them were jailed in the past 10 years.

The judge also directed the attorney general to ensure that the video link is operational.

The court then adjourned the case until May 16.

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