LAHORE - An anti-terrorism court Wednesday granted bail to PTI MPA Malik Nadeem Abbas Bara and seven others in a case of aerial firing and torturing police officials. The court allowed him bail against surety bond of Rs50,000. MPA Malik Nadeem Abbas Bara, his brother and others were booked by Hanjarwal police over charges of firing shots in the air while celebrating victory in election and torturing a station house officer when he led his team to the site. The police officials suffered serious injuries. Malik Nadeem Abbas Bara was elected from PP-161.  Chief Justice of Pakistan Mian Saqib Nisar had also taken notice of the incident and ordered immediate arrest of all suspects.

Full bench dissolved

A Lahore High Court full bench constituted to hear a petition challenging National Accountability Ordinance (NAO) 1999 and the conviction of former prime minister Nawaz Sharif, his daughter Maryam and son-in-law Safdar under the same law dissolved here on Wednesday.

Justice Shams Mahmood Mirza, head of the three-member bench, recused himself from the bench due to personal reasons, and referred the petition to chief justice for formation of a fresh bench for its hearing. Justice Sajid Mahmood Sethi and Justice Mujahid Mustaqeem Ahmad were the other members of the bench.

Advocate Dogar in his main petition had questioned the NAB Ordinance 1999 and functioning of the courts under the law. He said the NAB court which convicted former prime minister Nawaz Sharif had no jurisdiction to decide the matter as the law under which it had been functioning had lapsed long ago. He pleaded the high court to suspend the operation of the accountability court’s decision as the court had been functioning under a non-extent law.

Former military dictator retired Gen Pervez Musharraf promulgated the NAB ordinance to arrest the politicians. He said Musharraf took the charge in October  while the NAB law came in November—just one month—in order to curb the politicians. The lawyer argued 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. He contended that  the NAB ordinance 1999 contends that the ordinance was promulgated by then military dictator/president retired Gen Pervez Musharraf under Provisional Constitutional Order (PCO) No.1 of 1999 as well as order No.9 of 1999.

He said order No.9 was promulgated only to amend PCO No.1 of 1999 with the insertion of 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. The lawyer contended that as the PCO No.1 was declared without lawful authority and of no legal effect, the amendments in it made underorder No.9 of 1999 would also lapse and therefore, the limitation period of 120 days prescribed under Article 89 would be applicable to the NAB ordinance.

The lawyer said certain laws which were still enforced, shall continue to remain enforced unless amended by the competent legislation under sub-article 2 of Article 270-AA of the Constitution. He prayed to the court to the NAB ordinance ceased to be the law and had become non-existent and a dead letter. He also prayed to the court to set aside all those proceedings being carried out by the NAB courts under the dead law of NAB ordinance.