Assembly turns blind eye to governor’s objections

The National Accountability Ordinance, 1999 Sindh Repeal Bill, 2017 was passed again, despite opposition protests

The Sindh Assembly passed a law to repeal the National Accountability Ordinance, 1999. PHOTO: COURTESY CM HOUSE

KARACHI:
The governor’s objections and advice on the National Accountability Ordinance, 1999 Sindh Repeal Bill, 2017 was rejected on Monday by the Sindh Assembly.  The bill was passed again.

The bill was passed in the first week of July to revoke the National Accountability Bureau’s (NAB) functions in the province and sent to the governor for his approval to make it an act. But governor did not sign the bill and returned it to assembly for reconsideration, saying it was contrary to Article 143 of the Constitution.

“The National Accountability Ordinance, 1999 is a valid federal law, which is in force throughout Pakistan.  The provincial assembly is empowered to make laws regarding corruption and corrupt practices but Article 143 of the Constitution clearly states that in case any provision of the provincial law is repugnant to the federal law, the latter will prevail and former will be considered void, therefore, I call upon the provincial assembly of Sindh to reconsider the bill,” governor said.

Sindh governor shoots down NAB ordinance repeal bill

As the governor’s message was read by Sindh Assembly Speaker Agha Siraj Durrani, who put the message in the House for a vote, the treasury and opposition members came face to face again, creating pandemonium in the session.

The ruling, Pakistan Peoples Party (PPP) attempted to vote against the governor’s message and pass the law in haste without any debate but this was met with fierce protests by the opposition. “You are violating the rules and procedures of the assembly. It clearly says that after a bill is returned to the assembly it shall be reconsidered with proper discussion on it,” cried Pakistan Muslim League - Functional MPA Sheharyar Mahar.  Muttahida Qaumi Movement (MQM) – Pakistan leaders Syed Sardar Ahmed and Faisal Subzwari endorsed Mahar’s words and requested a proper debate on the governor’s observations. “The governor in his dissenting note has referred to some articles of the Constitution. The government has to justify why it is going to reject the governor’s message and pass this law again,” said opposition leader Khawaja Izharul Hassan.
In return Chief Minister Murad Ali Shah supported their stance and said, “Yes, we have to reconsider the law by seeking votes from this august House”. After a few minutes of debate, a few members from different parliamentary parties were given a chance to speak on the repeal law.

Opposition parties to challenge ordinance repeal in court

Mahar called it biased. “You are repealing the NAB ordinance when actions are taken against your people,” he accused the PPP leaders, asking why the same law was not passed when their party was in the federal government from 2008 to 2013. “If it is a draconian law then why were you all mum about it?” he questioned.  Subzwari said that the law is being repealed to save certain corrupt people.


PPP leader and Parliamentary Minister Nisar Ahmed Khuhro said NAB has no power to investigate and arrest people in corruption cases. “Corruption is totally a provincial subject. The NAB ordinance was promulgated by General (retd) Musharraf to victimise [his] opponents. The law has failed to achieve tangible results,” he claimed, adding that the government has drafted a bill to replace the ordinance.

The chief minister, MQM’s Ahmed of MQM and Law Minister Ziaul Hasan Lanjar also spoke.  Later, the assembly rejected the governor’s objections with majority votes and passed the bill once again.

NAB in good form despite ordinance repeal

 Replacement

Earlier, Khuhro moved the Sindh Accountability Bill, 2017. He requested the speaker to refer the bill to the standing committee for two days for further suggestions and feedback from lawmakers. Under this law, the provincial government will form the Sindh Accountability Agency, with its chairperson to be nominated by the assembly, to receive or initiate and investigate allegations of corruption. “After two days, we will pass this law,” he said.

The assembly also referred the Sindh Removal From Service (Special Powers) Repeal Bill, 2017 to the standing committee.

The law was passed in General (retd) Musharraf’s tenure to remove government employees from services without giving them prior notice and removing their right to appeal the issue in court. Terming it a draconian law, the PPP government wants to repeal this law as well and bring in a new one.

National Accountability Ordinance repealed by Sindh Assembly

The Sindh Forensic Science Agency Bill, 2017 was also on the agenda, which was referred to the standing committee.

As the session started at 3pm, newly elected MPA Saeed Ghani took oath and criticised his opponents.  Later, speaker adjourned the session till Tuesday.
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