ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial has expressed concern over closure of Rs 490 million corruption cases by National Accountability Bureau (NAB). 

Three-member bench of Supreme Court, headed by Chief Justice, heard case regarding NAB amendments. During hearing, Advocate Makhdoom Ali Khan argued that there were issues regarding retrospective application of NAB amendments. He pointed out that there was no prohibition in Constitution against retrospective application of legislation. Chief Justice questioned why amnesty scheme was exempted from NAB Ordinance.

Furthermore, requested arguments related to NAB amendments concerning references against benamidar (unnamed) accounts. 

Definition of benamidar has been changed in NAB amendments, and now it is mandatory for prosecution to prove whether benami property was created through corruption.

Makhdoom Ali Khan referring to Justice Mansoor Ali Shah’s decision in Khurshid Shah case, emphasised that not every unnamed (benamidar) transaction was corrupt transaction. He stated that if allegations of corruption were being made, prosecution must provide evidence to prove corruption. Chief Justice added that it was essential to determine whether accused’s source of income was consistent with his assets. If source of income is unknown, it cannot be proven as crime.

Another concern raised during hearing was transparency of plea bargain process for cases involving amounts less than Rs 500 million. Chief Justice remarked that it’s alarming that individuals involved in Rs 490 million could escape punishment from NAB.

Makhdoom Ali Khan explained that limit of Rs 500 million was set for NAB cases based on observations from various superior courts. Hearing was adjourned until today.

Published in The Daily National Courier, September, 01 2023

Like Business on Facebook, follow @DailyNCourier on Twitter to stay informed and join in the conversation.