LAHORE - An application was filed in the Lahore High Court on Wednesday challenging the conviction of former prime minister Nawaz Sahrif, his daughter Maryam Nawaz and son-in-law Safdar.

Senior lawyer AK Dogar filed the application in an already pending petition against the NAB Ordinance 1999 and functioning of the courts under it.

Dogar said the NAB court which convicted former prime minister Nawaz Sharif had no jurisdiction of deciding the matter as the law under which it was working 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 Pervez Musharraf promulgated the NAB ordinance to arrest 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) No1 of 1999 as well as order No9 of 1999.

Order No.9, he said, was promulgated only to amend PCO No1 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 under order No9 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.

Plea against PML-N candidate dismissed

The Lahore High Court Wednesday dismissed petition against nomination papers of PML-N candidate Ahmad Ali Aulakh and upheld the decision of the election tribunal wherein he was allowed to contest election from PP-250, Layyah.

A division bench headed by Justice Shams Mahmood Mirza passed the order on petition of moved Sheikh Muhammad Ameen. He said Ahmad Ali Aulakh did not meet the criteria set by Articles 62 and 63 of the Constitution and he should be barred from contesting election and becoming member of the provincial assembly. He said he concealed details of his assets.  After hearing arguments of the petitioner’s counsel, Justice Shams dismissed the petition against Aulakh and allowed to contest election from PP-250, Layyah.

The LHC also turned down another identical petition against candidature of Sepha-i-Ssahab leader Muhammad Muawiya from PP-126, Jhang.

A voter Masood ul Hassan had moved the petition against decision of an appellate tribunal wherein Muhammad Muawiya  was allowed to contest election from PP-126. He asked the court to set aside the verdict of the appellate tribunal and bar him from contesting upcoming general elections. After hearing initial arguments, the LHC division bench observed that apparently, the petition moved by the petitioner was late due to which it could not be entertained.

The bench suggested the petitioner that he might file petition after the election.