Notice issuedon pleas against NAB Ordinance

LAHORE: A full bench of the Lahore High Court on Monday issued notice to the National Accountability Bureau (NAB) on petitions challenging the existence of the NAB Ordinance 1999 and conviction of former prime minister Nawaz Sharif, his daughter and son-in-law under the same law.

The bench led by Justice Shahid Waheed and comprising Justice Atir Mahmood and Justice Shahid Jamil Khan also decided to hear petitions on daily basis from August 29. Previously, a full bench seized with the petitions was dissolved after its head Justice Shams Mahmood Mirza declined to hear the case.

Senior lawyer AK Dogar of Pakistan Lawyers Foundation and others had filed the petitions challenging the existence of the National Accountability Ordinance (NAO) 1999 as well as conviction of the Sharifs. The petitioners stated that the ordinance had been promulgated by military dictator Gen (r) Pervez Musharraf under Provisional Constitutional Order (PCO) No 1 of 1999 as well as Order No 9 of 1999.

They said the order No 9 was promulgated only to amend PCO No 1 of 1999 by inserting Section 5A (1) into it to the effect that limitation of 120 days prescribed under Article 89 of the Constitution to any ordinance by the president would not be applicable to the laws made under PCO No 1 of 1999.

However, the petitioners said under Article 270-AA of the Constitution through the 18th Amendment, the PCO No 1 of 1999 was declared without lawful authority and of no legal effect.

They said once the PCO No 1 was declared without lawful authority and of no legal effect, the amendments to it made under order No 9 of 1999 would also stand lapsed and; therefore, the limitation period of 120 days prescribed under Article 89 would be applicable to the NAB ordinance. The petitioners asked the court to declare that after the 18th Amendment and insertion of Article 270-AA into the Constitution, the National Accountability Bureau ordinance had ceased to be the law and become non-existent and a dead letter.