ISLAMABAD (NNI): Chief Justice of Pakistan Justice Umar Ata Bandial expressed concern over the release of Rs49 crore corruption cases by the National Accountability Bureau (NAB).
A three-member bench of the Supreme Court of Pakistan, headed by the Chief Justice, heard the case regarding the NAB amendments on Thursday.
During the hearing, advocate Makhdoom Ali Khan argued that there were issues regarding the retrospective application of the NAB amendments.
He pointed out that there is no prohibition in the Constitution against the retrospective application of legislation, and Justice Muneeb had previously declared in his ruling that existing laws cannot be declared null and void.
The Chief Justice of Pakistan questioned why the amnesty scheme was exempted from the NAB Ordinance. Furthermore, he requested arguments related to the NAB amendments concerning benamidar (unnamed) references.
The definition of benamidar has been changed in the NAB amendments, and now it is mandatory for the prosecution to prove whether benami property was created through corruption.
Makhdoom Ali Khan, referring to Justice Mansoor Ali Shah’s decision in the Khurshid Shah case, emphasised that not every unnamed (benamidar) transaction is a corrupt transaction. He stated that if allegations of corruption are being made, the prosecution must provide evidence to prove the corruption. Accusing the benamidar is not enough; the prosecution must prove whether the person is a benamidar or not. The Chief Justice of Pakistan added that it is essential to determine whether the accused’s source of income is consistent with his assets. If the source of income is unknown, it cannot be proven as a crime. Another concern raised during the hearing was the transparency of the plea bargain process for cases involving amounts less than Rs50 crores. The Chief Justice remarked that it is alarming that individuals involved in Rs49 crore corruption cases can escape punishment from the NAB.
Makhdoom Ali Khan explained that the limit of Rs50 crore was set for NAB cases based on observations from various superior courts. The hearing was adjourned
until tomorrow.
CJ expresses concern over release of persons involved in Rs 49 Crore corruption
