Sunday December 05, 2021

‘Referring NAB Ordinance to law ministry mala fide’

October 16, 2021
‘Referring NAB Ordinance to law ministry mala fide’

ISLAMABAD: Former Chairman Senate Raza Rabbani Friday said that referring the National Accountability (Amendment) II Ordinance, (NAO, 2021) to the Ministry of Law for interpretation and clarification is strange and reflects on the independent status of the NAB.

“Section 4 of the NAO, 2021, is a speaking section and clearly states the bodies, entities and matters to which the NAO, 2021, shall not apply, therefore, the need of seeking advice or guidance of the Ministry of Law do not rise,” he said while commenting on the NAB decision to seek guidance from the Law Ministry on promulgated NAB Amendment ordinance.

Senator Rabbani said the NAO, 2021 is an Ordinance promulgated under Article 89 of the Constitution, 1973, thereby, being an Executive Act of temporary legislation. “Seeking interpretation from the Executive on a law promulgated by them and not passed by Parliament smacks of mala fide.

The former Chairman Senate said the interpretation of the law under the constitutional scheme rests with the judiciary. “If any person had been aggrieved by the interpretation of the NAB to the various sections of the NAO, 2021, they could have approached the courts of law,” he said.

Raza Rabbani said that after the NAO, 2021, the NAB should be wound up as the existing organizations under the law be made more effective or Parliament legislate a new law for across the board accountability, which would do away with trial by one’s own peers and there would remain no holy cows.