The Supreme Court of Pakistan (SC) directs the government to ensure the production of PTI’s incarcerated founding chairman Imran Khan in the court. The apex court ordered the appearance of Khan through video link without any interruption by May 16. This order came today when a five-member bench of the top court heard a review petition of the government concerning the NAB Ordinance amendments.
Earlier, Imran Khan challenged the amendments in the NAB Ordinance which the former coalition government introduced. Chief Justice of Pakistan (CJ) Justice Qazi Faiz Isa was heading this larger bench. Meanwhile, Justice Athar Minallah remarked that applicant Imran Khan himself wants to appear in this case. The CJP replying to this observation of Justice Minallah noted that if Imran Khan wants higher services of a legal counsel in this regard then the learned court can direct the jail authorities in this regard.
He further observed that the court will keep this matter restricted to legal matters. Justice Minallah noted that since Imran Khan was a party to this case therefore he should be heard. He added that this matter was related to the involvement of NAB in political engineering. If the applicant is willing to, appear through a video link, then how can the court stop him from appearing this way? Meanwhile, the government’s lawyer Makhdoom Ali Khan said that the former prime minister could be allowed to his present through a lawyer or video link. The CJP remarked that this case was not related to personal rights, it was about making amendments to a law. The CJP questioned: Should everyone be allowed such representation?
Justice Minallah said this matter was also related to the political engineering by NAB. The Attorney General of Pakistan also that Khwaja Harris on behalf of the applicant had already given arguments but afterward he disassociated himself from this case. It is important to note that earlier in 2024, the then coalition government led by Prime Minister Muhammad Shehbaz Sharif amended the NAB Ordinance that helped in the withdrawal of some cases against public office holders. After these amendments, former prime minister Imran Khan challenged them in the Supreme Court when Mr. Justice (Retd) Umar Atta Bandial was the CJP.
A three-member bench of SC headed by Mr. Bandial ordered the restoration of corruption cases against public office holders that were withdrawn after amendments were made to the said ordinance. Other members of that bench were Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah. That judgment was given after 53 hearings were conducted on Khan’s petition. In that order, not just the corruption cases but also the inquiries and investigations were directed to be restored.
In that verdict, the bench was primarily concerned with the amendments made to the NAB Ordinance in 2022 and observed that the amendments indeed brought a significant change. The previous order of the SC said that Imran Khan had sought the nullification of all the amendments made but on a careful examination it was found that the fundamental rights of the people of Pakistan were not violated by every section amended. (By Rana Kashif)
