—MQM-P, PML-F challenge NAO Repeal Act in SHC
–A lawyer files petition in SC against the Act
KARACHI: In a memo to respective provincial departments, commissioners and deputy commissioners on Friday, the Sindh government stated that after the repealing of the National Accountability Ordinance 1999 (NAO), the anti-corruption establishment, Sindh, will take over the inquiries regarding all the corruption cases, inquiries, and complaints.
The letter emphasised that with the new law in effect, National Accountability Bureau (NAB) will have no role in the province, as it is now mandated to probe and hear the cases related to the federal institutions only.
MQM-P, PML-F MOVE SHC AGAINST ACT
Meanwhile, Muttahida Qaumi Movement-Pakistan (MQM-P) and Pakistan Muslim League-Functional (PML-F) have challenged the Sindh National Accountability Ordinance Repeal Act 2017 in the Sindh High Court.
MQM-Pakistan chief Dr Farooq Sattar and PML-F leader Sahar Abbasi filed separate petitions in the high court challenging the Sindh National Accountability Ordinance Repeal Act 2017 implemented by the provincial government in Sindh.
Senator Barrister Farogh Naseem on the behalf of the MQM-P submitted a petition in the court while taking the plea that the purpose behind this new law was to protect the corruption of the ruling party—the Pakistan People’s Party.
On the other hand, enforcing a provincial law by repealing a federal law is in derogation of the basic scheme of the Constitution, he added.
The Sindh High Court has issued notices to the federal and provincial governments till August 16 on petitions filed against Sindh NAB ordinance.
ACT CHALLENGED IN SC
The repeal act has also been challenged in the Supreme Court after a lawyer from Sindh filed a petition on Thursday.
Nisar Ahmad advocate filed a constitutional petition under Article 184 (3) of the Constitution, naming federal and Sindh governments, speaker of the Sindh Assembly and law secretary as respondents.
The petitioner said the Act will curtail NAB’s jurisdiction in matters relating to provincial departments, which also encroached upon parliament’s legislative competence.
This Act is introduced to protect a particular faction and serve its political needs, the petition stated, adding that it was a grave abuse of power, it stated.
The Act was a clear violation of Articles 2A, 4, 8, 137, 142 (b) and 143 of the Constitution; the provincial legislature cannot promulgate a law which was repugnant to a federal law, the petitioner stated.
Earlier, on Thursday, the Sindh government had issued a notification revoking the applicability of the National Accountability Ordinance (NAO) 1999 in the province.
With NAO revoked the relevant powers were accorded to Sindh Accountability Agency.
Sindh Law Minister Zia Lanjar said that the National Accountability Bureau (NAB) could not take any action against provincial departments anymore.
It may be mentioned here that on July 3 the Pakistan Peoples Party (PPP)-led provincial government in had passed a bill to repeal the applicability of the National Accountability Ordinance (NAO) 1999 to the province.
The National Accountability Ordinance 1999 Repeal Bill 2017 was introduced by the ruling PPP. It aimed to repeal the applicability of the NAO in departments and autonomous bodies controlled by the provincial government.
