ISLAMABAD: The federation’s lawyer on Tuesday submitted before the Supreme Court of Pakistan that Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan has no locus standi to file petition against the amendments to the National Accountability Ordinance, 1999.
A three-judge bench, headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah on Tuesday heard the petition filed by former prime minister Imran Khan against the amendments to the NAB Ordinance, 1999.
The Attorney General for Pakistan informed that on Monday, he issued a clarification on Chief Justice remarks appeared on social media, adding that the social media misreported his statement. Justice Bandial appreciating the gesture said; “Yes we read it in the newspapers.”
About the case, the federation’s counsel Makhdoom Ali Khan adopted the stance that on July 28, 22 some of the PTI MNAs filed a writ petition before the Islamabad High Court (IHC) wherein they challenged the non-acceptance of their resignations, and told the Court that ex-Deputy Speaker Qasim Suri had validly accepted the resignation.
The IHC, however, dismissed their petition on 6-9-2022. On the other hand, when the NA Speaker (Raja Pervaiz Ashraf) accepted their resignations they approached Lahore High Court (LHC) on 8th February, 2023 and took completely different view. They asked the LHC to restrain the Election Commission of Pakistan from de-notifying them.
He informed that on 11-04-22 when no-confidence vote succeeded against Imran Khan at that time amendments in the National Accountability Ordinance, 1999 were pending before the Standing Committee of the Parliament. After the no-trust vote though the PTI MNAs chose to resign but none of its Senators tendered resignation, adding none of the MPAs resigned from the provincial assemblies. It shows the mala fide of the petitioner, adding there is inconsistency in their legal battle.
Makhdoom argued that the question is that if constitutional issue is involved which has political ramification then the USA Supreme Court says it will not decide it. The chief justice said the political disputes can be decided if it violates the Fundamental Rights. The counsel submitted that the Court dismissed the Watan Party petition declaring the petitioner has no locus stand and bona fide. In Tahirul Qadri case the apex court held that a citizen, who approaches the court has to establish his locus stand and the bona fide.
He added that the PTI members are themselves the architect of the amendments in the NAO. The incumbent government has retained he amendments with subtle changes. The PTI government had issued five ordinances for bringing changes in the NAB law. But now they are challenging their own amendments. The counsel submitted while Imran Khan was the Prime Minister the PTI Minister of Finance and Minister of Information on TV channels stated that the decision making in the government is paralysed and it (NAB law) has chilling effect on the economy and the business.
The Court noted that now they (PTI) should not back stepped regarding the amendments on the public office, politicians and the bureaucrats. Makhdoom said that the petitioner brought the political controversy in the Court.
Justice Mansoor questioned is there any obligation of the parliamentarian with regard to the constitution? The counsel replied that if a person is elected then it his/her responsibility to attend the parliament and participate in the legislation and make or block the legislation. He further submitted that if an MP remains out of the parliament for consecutive 40 days then he/her is de-seated. However, the incumbent Speaker NA did not chose this option. The hearing is adjourned until today (Wednesday).
