ISLAMABAD - The Islamabad High Court (IHC) Thursday issued notices in a petition challenging the recently promulgated NAB Amendment Ordinance 2021.
A single bench of 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.
The petitioner adopted in his petition that mega corruption has been legalized through the NAB ordinance and the court should strike down the October 8 Presidential Ordinance.
After the preliminary hearing, the IHC Chief Justice 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.
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 President on the advice of the Prime Minister.
He further 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 upto 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 upto to the extent of such illegality and unconstitutionality in the interest of justice.
He also requested that requiring the NAB chairman to show under which authority of law he is holding the office of NAB Chairman, 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.