ISLAMABAD: The Islamabad High Court (IHC), Thursday, issued notices in a petition challenging the recently promulgated NAB Amendment Ordinance, 2021.
A single bench of Chief Justice Athar Minallah heard the petition moved by a citizen, Abdul Latif Qureshi, who challenged the ordinance through his lawyer, Dr G M Chaudhry.
The petitioner adopted in his petition that mega corruption has been legalised through the NAB ordinance and the court should strike down the October 8 Presidential Ordinance.
After the preliminary hearing, the IHC chief justice issued notices to the Prime Minister’s Office, Presidency, Secretary Law and Chairman National Accountability Bureau (NAB), and directed the respondents to submit their response in the plea within 14 days.
The petitioner stated that he is aggrieved by the discriminatory provisions of the National Accountability (Second Amendment) Ordinance, 2021 made and promulgated by the respondent no 2 (President of Pakistan) and published in the Gazette of Pakistan, on 7th October 2021, on the advice of the prime minister, being the chief executive of the Federation.
He further said that the newly-substituted Section 4 of the National Accountability Ordinance, 1999 is highly exploitative and discriminatory being in violation of Article 25 and 3 of the Constitution of the Islamic Republic of Pakistan and such provisions are liable to be set aside ab initio.
The petitioner also said that reappointment of judges is against the independence of judiciary and the section 5A(b)(ii) incorporated by Section 4 of the National Accountability (Second Amendment) Ordinance, 2021 is also liable to be set aside up to extent of retire judges.
Therefore, he prayed before the court that provisions of sections 4 and 5A(b)(ii) of the National Accountability Ordinance, 1999 as amended by the National Accountability (Second Amendment) Ordinance, 2021 may be declared as illegal, unconstitutional, highly discriminatory and violative of the fundamental rights, and be set aside ab initio up to the extent of such illegality and unconstitutionality in the interest of justice.
He also requested that requiring the respondent no 4, to show under which authority of law he is holding the office of the chairman, NAB, a public office, when his appointment was not made in accordance with law and after open advertisement, competitive process, on merit and by following a transparent process of recruitment and appointment as laid down the superior courts.
The petitioner further requested the court to declare the appointment of the Respondent No 4 vide Notification No F.1(8)/2015-A.I, dated, 8 October 2017 (Annex-B), and its further continuation till to date, issued by the Respondent No 3 (Secretary Law) in exercise of the powers conferred under section 6(b) of the National Accountability Ordinance, 1999, with the approval of the Respondent No 2, without consultation with the chief justice of Pakistan, as the provisions of the National Accountability Bureau (Amendment) Ordinance, 2002 (Ordinance No CXXXIII of 2002), which was published in the Gazette of Pakistan on 23 November 2002, and was also subject to limitation under Article 89 of the Constitution had been lapsed and expired after a period of four months and was not the part and parcel of the National Accountability Ordinance, 1999 at the time of the said notification, as well as, in violation of principles laid down in the judgment of the Supreme Court of Pakistan reported as 1996 SCMR 1349 and other relevant judgments.
Copyright Business Recorder, 2021
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