ISLAMABAD - Islamabad High Court (IHC) on Wednesday disposed of a petition challenging the recently promulgated NAB Amendment Ordinance 2021. 

A single bench of the IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition moved by a citizen Abdul Latif Qureshi who challenged the ordinance through his lawyer Dr GM Chaudhry and disposed of the same after it became infructuous because the government has issued more NAB amendment ordinances. 

The bench asked the petitioner to file another petition and challenge the new NAB amendment ordinance on new grounds. 

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 preliminary hearing, the IHC Chief Justice had previously issued notices to the Prime Minister Office, Presidency, Secretary Law and Chairman National Accountability Bureau (NAB) and directed the respondents to submit their response in the plea within 14 days. 

Court asks petitioner to file another petition, challenge new NAB amendment ordinance on new grounds

In the petition, 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 07-10-2021, on the advice of the Prime Minister, being the Chief Executive of the Federation. 

He 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 to 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, National Accountability Bureau (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.