ISLAMABAD - A writ petition seeking nullification of Sharif family’s conviction has been moved before the Islamabad High Court saying that the NAB ordinance has ceased to be the law after the promulgation of 18th Amendment and insertion of Article 270-AA.
The petitioner Muhammad Fawad, Vice President of Pakistan Muslim League (PML-N) Khyber Pakhtunkhwa, cited the federation, Chairman NAB and Superintendent Adiala jail as respondents.
He prayed to the court to declare that after the promulgation of 18th amendment and insertion of Article 270-AA, the National Accountability Bureau Ordinance has ceased to be the law and has become non-existent and a dead letter and all convictions proceedings taken by Accountability Courts including the judgment of conviction passed against former prime minister Mian Nawaz Sharif and his other family member and references filed by NAB authorities under the National Accountability Bureau Ordinance after expiry of NAB Ordinance may be declared illegal, unlawful and without lawful authority and the prisoners convicted under the NAB Ordinance may be released and to set them at liberty.
He further adopted the proceedings of all cases under the NAB may be stayed on the ground that the NAB Ordinance has been expired and had no lawful effect from the 18th August 2010. The petitioner also requested that since the NAB is continuing its function without lawful authority throughout the country, this court may pass an injunctive order to the NAB from continuing its activities anywhere in Pakistan.
The petitioner argued that consequent upon these submissions, all sentences passed by Accountability Courts, references filed by the NAB authorities are without lawful authority and even the judgment passed by AC Islamabad dated 6-7-2018 against former prime minister and his other family members is based on law which is no longer in existence, hence cannot be sustain in the eyes of law because the AC had jurisdiction to seize the matter.
He added that the continued detention of Nawaz Sharif and his other family members in circumstances where the NAB Ordinance has lapsed after the 18th Amendment are without force of law.