The Supreme Court on Wednesday heard Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s petition challenging amendments in the National Accountability (NAB) Ordinance by the government.
A three-member SC bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijaz Ul Ahsan, and Justice Syed Mansoor Ali Shah heard the case. During the course of proceedings, Advocate Makhdoom Ali Khan, counsel for the federal government, said that if Parliament changed the nature of a punishment by amending the law, it applied to the convict.
Justice Mansoor asked if the death penalty law was abolished and life imprisonment was imposed, would the punishment of all criminals be changed?
Makhdoom Ali Khan said that the nature of punishments under the Hudood Ordinance were also changed by the order of the Supreme Court. The change in punishments under the Hudood Ordinance only stopped the cycle of inhumane punishments, he added.
Justice Mansoor asked whether the NAB amendments be voided if they conflict with other constitutional provisions other than fundamental rights?
Justice Ijaz said that a new law could be voided whenever it conflicted with the existing constitutional provisions.
Justice Mansoor asked could the Supreme Court determine the intention of the members of Parliament behind a piece of legislation?
Makhdoom Ali Khan said that it had been said in several judgments that it was easiest to accuse someone of malice and equally difficult to prove it.
Justice Mansoor asked could it be said that the benefit of the NAB amendments had been gained by a certain section?
Makhdoom Ali Khan said that NAB amendments were for all, they did not benefit any particular section.
Justice Ijaz said it was possible that the court would come to the conclusion that only those in the government had benefited from the NAB amendments.
The Chief Justice said that the legislature had given the judiciary wide powers to invalidate any law.
Subsequently, further hearing of the case was adjourned till Thursday.