Tuesday January 25, 2022

SCBA to challenge third amendment in NAB Ordinance

November 06, 2021
SCBA to challenge third amendment in NAB Ordinance

ISLAMABAD: The legal fraternity Friday rejected the third amendment to National Accountability Ordinance (NAB), terming it targeted victimisation through selective laws to satisfy what it called malicious designs of the ruling elite and resolved to challenge it before the Supreme Court of Pakistan.

The first meeting of the newly-elected 24th executive committee of the Supreme Court Bar Association (SCBA) was held here in the Supreme Court under the chairmanship of its President Muhammad Ahsan Bhoon wherein the house unanimously passed important resolutions.

The meeting unanimously resolved to abolish Article 175(A) of the Constitution and suggested to re-establish the same with "fresh provision", well consulted by the bar representatives so as to appoint "proficient judges" in order to expel all sort of nepotism or discrimination and to eradicate the monopoly of notables.

Both the Supreme Court Bar Association and the Pakistan Bar Council, apex bodies of the legal fraternity, have constantly been demanding appointment of judges on the principle of seniority.

Recently, they had protested over the elevation of judges from high court to the Supreme Court, approved by the Judicial Commission of Pakistan (JCP), headed by Chief Justice of Pakistan.

The SCBA also unanimously resolved and approved to cautiously amend "Article 184-3 of the Constitution by giving the right of appeal to aggrieved parties before the new bench and until the decision of such appeal, the original judgment should not be implemented in any manner whatsoever.

The house unanimously urged the Supreme Court to amend Supreme Court Rules, 1980, O.XXVI (Rule-6), providing the opportunity for change of counsel in review petitions before the Supreme Court.

The house also unanimously resolved that all the state institutions are well respected and dignified, though they must work in their defined parameters/ domains, as enshrined in the Constitution; however, there is dire need to dispel the overall growing impression of meddling by the establishment in state institutions.

The SCBA further resolved to repel autocratic or oppressive designs and to support all democratic elements. The meeting resolved to maintain harmonious relations between the bench and the bar for betterment of the institution, rule of law, independence of judiciary and expects the same other way around and to stay vigilant of irritant elements.

At the same time, the SCBA called upon the Supreme Court to review and improve the case management system for speedy dispensation of justice. The house unanimously resolved to hold a ‘stakeholder conference’, inviting intellectual minds from all segments of society to address current national and socio-political situation.