ISLAMABAD: Cricket fever appeared to grip the Supreme Court on Tuesday as the government’s counsel requested the bench to put off the hearing of a crucial NAB case for a day to enable everyone to watch Pakistan play New Zealand in the T20 World Cup semi-finals in Sydney today (Wednesday).

The chief justice wished the green shirts success, but said the hearing would continue as scheduled and the court would try to wrap things up before the match begins.

The SC bench, headed by Chief Justice of Pakistan Umar Ata Bandial, was hearing a case related to challenges by former prime minister Imran Khan to the August amendments to the National Accountability Ordinance (NAO).

The debate was initiated at the fag end of Tuesday’s hearing when the federal government’s senior counsel Makhdoom Ali Khan requested the three-judge SC bench not to take up the matter on Wednesday since the clash was scheduled for 1pm, coinciding with the time when the case was due to resume.

CJP wishes Pakistan team well in contest against New Zealand, says hearing will go ahead as scheduled

The senior counsel suggested the matter be adjourned until Thursday.

Apparently agreeing with the suggestion, the CJP observed that he had no idea the match would be played at that time.

Justice Syed Mansoor Ali Shah, a member of the bench, while pointing towards senior counsel Khawaja Haris Ahmed, who is representing the petitioner, observed that since the counsel was very fond of cricket, the case should not be taken up on Wednesday.

Khawaja Haris, however, insisted that the case should be heard as per schedule since the matter was of utmost significance and has already been delayed.

“Will you mind if we continue watching the match on our iPads while you argue the case tomorrow,” quipped Justice Shah.

Makhdoom Ali Khan then cited a similar happening when during the course of heated arguments a few years ago, a judge in the United Kingdom observed in court: “Gentlemen, you may be interested in knowing that England have scored so many runs for so many wickets.”

The chief justice of Pakistan expressed the hope that Pakistan will achieve success in Wednesday’s match and wondered why a big screen could not be installed outside the courtroom.

He adjourned the case for Wednesday with an observation that the court will strive to close the hearing before the match.

During the hearing, Khawaja Haris accused the federal government of befooling the people by committing colourable exercise of authority since the government was giving an impression to the world that “we have a vigorous anti-corruption law in the shape of NAO”, but in fact the law has been diluted to such an extent that it has lost its efficacy.

He emphasised that corruption was a serious impediment to the rule of law, as it undermined democracy and led to the violation of human rights and lawlessness.

The United Nations Convention against Corruption, to which Pakistan is a signatory, covers many different forms of corruption, he pointed out. The CJP conceded by stating that what the counsel was trying to establish was how corruption could lead to suffering in society.

Justice Shah wondered whether any country has made an anti-corruption law by following in letter and spirit the requirements of the UN convention, adding that an impression was being given that there was no corruption law and there was a void in Pakistan, although there were many anti-corruption laws.

Justice Shah also observed that no exception has been granted in international law on corruption.

The counsel stated that the entire world believed it was necessary to criminalise corruption since it adversely affected fundamental rights.

Published in Dawn, November 9th, 2022

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