The Lahore High Court on Friday issued notices to ministry of law for May 7 in a petition challenging the National Accountability Ordinance 1999 being ultra vires to the Constitution. Earlier, the petitioner's counsel A K Dogar argued that the impugned ordinance was promulgated by then military dictator Pervez Musharraf under provisional Constitutional Order (PCO) No. 1 of 1999 as well as order No.9 of 1999.
He stated that the order No.9 was promulgated only to amend PCO No.1 of 1999 by inserting section 5A (1) in it to the effect that limitation of 120 days prescribed under Article 89 of the Constitution to any ordinance by the president will not be applicable to the laws made under PCO No.1 of 1999.
He said under Article 270-AA of the Constitution through 18th amendment, the PCO No.1 of 1999 was declared without lawful authority and of no legal effect.
Advocate Dogar argued that once PCO No.1 was declared without lawful authority and of no legal effect, the amendments in it made under order No.9 of 1999 will also stand lapsed and therefore, the limitation period of 120 days prescribed under Article 89 will be applicable to the NAB ordinance. The counsel further argued that according to sub-article 2 of Article 270-AA of the Constitution, certain laws which were still enforced, shall continue to remain enforced unless amended by the competent legislation.
Comments
Comments are closed for this article.