Another petition
challenging the National Accountability Bureau (NAB) (Amendment) Ordinance, 2019 was moved in the Supreme Court on Monday.
The petition states that the ordinance in question negates the principle of the rule of law and various constitutional provisions of human rights.
“The NAB ordinance is a conspiracy to divide society,” argues the petitioner, requesting the top court to strike it down.
The federal government, the Federal Bureau of Revenue (FBR), the NAB, and the Security Exchange Commission of Pakistan (SECP) have been impleaded as respondents in the constitutional petition.
Earlier, on Dec 28, a citizen Mehmood Akhtar Naqvi had filed a petition at the Karachi Registry of the apex court
challenging the a
mended law.
President Dr Arif Alvi had signed the National Accountability Bureau (Amendment) Ordinance 2019 into law last Friday.
The petitioner made the Government of Pakistan, Secretary Ministry of Law and Justice, secretaries of Cabinet Division, Ministry of Interior, Establishment Division, chairman NAB, director general NAB headquarters and others party to the case.
The petitioner said, “All citizens are equal in the constitution of Pakistan… the a
mended ordinance is [in] violation of the constitution and the fundamental rights of citizens”.
The federal cabinet’s approval to the NAB Ordinance 20
19 is unprincipled and dubious, the petition said. “The a
mended ordinance has pushed the NAB under the subordination of the scrutiny committee,” the petitioner said, “which would thoroughly affect the utility and importance of the accountability bureau”.
“It is being feared that the ordinance will affect the possibility of equal accountability of all,” the petition said.
“It is cooked up to protect favourite people from accountability cases,” the petition claimed.
According to the a
mended law, the NAB could not freeze the properties of government employees without a court order. If NAB fails to complete investigation against a suspect within three months, the accused will be entitled to bail, the law said. The anti-graft watchdog’s jurisdiction over matters
relating to imports and levy has been curtailed in the a
mended law. As per the new ordinance, NAB will now only be able to proceed in corruption cases of Rs 500 million and more. Meanwhile, the Lahore High Court (LHC) on Monday raised an objection on an application against the NAB (Amendment) Ordinance, 2019, promulgated by the Pakistan Tehreek-e-Insaf (PTI) government through a presidential ordinance on Friday, bringing momentous alterations to the accountability law known as the National Accountability Ordinance, 1999.
The court pointed out that the petition could not be fixed for an immediate hearing due to wi
nter holidays, and it could be heard after holidays.
