LHC seeks NAB cousel on NAO 1999 legality

A Lahore High Court (LHC) full bench asked the National Accountability Bureau (NAB) counsel as to why the National Accountability Ordinance 1999 did not require re-promulgation by the president of Pakistan within a time period of 120 days under Article 89 of the constitution.

NAB’s Additional Prosecutor General Jehanzeb Bharwana challenged the ordinance and the conviction of Sharif family members under the law.

Justice Shahid Waheed headed the bench which also had Justice Atir Mahmood and Justice Shahid Jamil Khan.

The prosecutor stated that the ordinance was given the status of “Act” through the Legal Framework Order 2002 by insertion of Article 270-AA in the Constitution. Subsequently, he said, the ordinance was approved as an Act of Parliament through 17th Amendment Act 2003.

Under the 18th amendment, orders made by a certain president under Article 270-AA and under sub-article 2 of the Article 270-AA, all other laws including president’s orders, acts, ordinances, chief executive’s orders, regulations, enactments, notifications made between Oct 12, 1999 and Oct 31 2003 were allowed to continue uninterrupted until altered, repealed or amended by any competent authority.

The bench added that the laws were existent at the time of the 18th amendment but it did not grant them legitimate status and they needed to be ratified by the parliament.

Prosecutor Bahrwana argued that the limitation of 120 days under Article 89 of the Constitution was not applicable to the laws made under PCO No 1 of 1999.

Giving his opinion on the same point, Deputy Attorney General Imran Aziz told the bench that the continuance of laws was given in the 18th amendment under Article 270-AA of the Constitution.

However, the bench demanded the prosecutor to come up with convincing arguments as to whether the NAB ordinance required promulgation within a period of 120 days.

Senior lawyer A.K. Dogar of the Lawyers Foundation for Justice and others had filed the petitions assailing the conviction of the Sharifs besides challenging the existence of the National Accountability Ordinance (NAO) 1999.