Chief Justice of Pakistan Justice Umar Ata Bandial has said that the Judiciary cannot override the powers of the Executive and it can only ask the Executive to fulfill its responsibilities.
The CJP made these remarks while hearing Imran Khan’s petition against NAB amendments on Thursday.
He said that the Judiciary cannot use the Executive’s power and it has to use suo motu notice power with great care.
The court would only see whether NAB amendments conflict with the fundamental rights of the people or not and if they are invalidated, how the old law could be restored, the CJP observed.
The three-member bench led by the chief justice of Pakistan heard the petition. During the hearing, Justice Mansoor Ali Shah on the occasion remarked that other laws also existed to account for illegal income.
He further said that when the system breaks, even stick laws cease to be effective and if the Judiciary has to do everything whether it would not override the power of the Executive.
“Can the Judiciary play any role if the Executive fails?” he asked. “Will the Judiciary run the country if the prime minister fails to perform his duty?”
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If someone says that the government is suspicious or the prime minister is controversial, then the judiciary will run the government, the justice inquired.
He said that such things had to be stopped at some point, adding whether the Judiciary could cross the limit of power division in pursuing the protection of public fundamental rights.
The Judiciary had declared many measures of the government null and void in the past, he observed, adding that there were many court’s decisions in this connection.
The court also expelled a number of NAB amendments from the law.
The petitioner is of the view that the removed clauses should be restored, this situation is different and unique from the past, the justice said.
Earlier, the lawyer of Imran Khan Khawaja Haris continued his arguments and took the stand that NAB’s authority was also abolished over income beyond means through new amendments.
He observed that the amnesty scheme allegedly aims at whitening black money. He added that before the amendments, the NAB had the power to act against illegal income.
The Supreme Court in the past had corruption cases investigated when the NAB did not perform as expected.
The SC also investigated the fake accounts case from the JIT. The apex court also ordered legislation regarding the appointment of the army chief.
He further said that it is the responsibility of the Judiciary to safeguard the fundamental rights of the people. Later, the SC adjourned the hearing till November 14.
