Larger bench constituted to hear NAB ordinance repeal petitions

SHC chief justice has formed the bench due to ‘sensitivity of the issue’

KARACHI: The Sindh High Court (SHC) Chief Justice Ahmed Ali M Sheikh has constituted a larger bench to hear and decide identical petitions challenging the National Accountability Ordinance 1999 Sindh Repeal Act, 2017, which clipped the powers of the national anti-graft watchdog to take action against politicians and government officers in Sindh province, sources told The Express Tribune on Thursday.

A two-judge bench, headed by the CJ Sheikh, had on Wednesday allowed NAB to continue with pending inquiries and investigations in Sindh, which were stalled after the Pakistan Peoples Party (PPP)-led government repealed the National Accountability Ordinance, 1999 in the province by enacting its own provincial anti-corruption law.

Sources said that the top provincial judge had formed a three-member bench in view of the sensitivity of the nature of the matter. They said Justice Munib Akhtar has been as third member of the bench.

The larger bench headed by CJ Sheikh and comprising justices Akhtar and Muhammad Karim Khan Agha will take up the identical petitions on August 27.



The opposition parties – the Muttahida Qaumi Movement - Pakistan, Pakistan Muslim League -Functional, Pakistan Muslim League - Nawaz and Pakistan Tehreek-e-Insaf – had separately challenged the Sindh National Accountability Ordinance 1999 Repeal Bill, 2017 that clipped NAB’s powers to operate in Sindh and also provided for transferring all pending inquiries to the provincial anti-corruption authority.

The court had also sought from the federal government and NAB lists of the sitting and former legislators and serving or retired officers, against whom inquiries were initiated by the accountability watchdog. In the meanwhile, the accountability courts in the province were also told to proceed with the pending references filed by NAB.

Countermove

As concerns grow among certain quarters in the Sindh government over NAB resuming inquiries and investigations against politicians and government officers, the government has been advised to block the accountability watchdog from launching ‘fresh’ inquiries by not providing them official records The Express Tribune learnt on Thursday.



This advice came from the top provincial government law officer, who, sources say, has been facing the ire of the PPP leadership after the order passed by the Sindh High Court on Wednesday to allow NAB to proceed with pending inquiries and the accountability courts to proceed with pending references in Sindh.

This drove the advocate-general, Barrister Zamir Ghumro, to clarify the position of the court case to the chief secretary.

In a letter to the chief secretary and law secretary, Ghumro said a false impression had been created by the media regarding the court’s order. “The order has not suspended the National Accountability Ordinance 1999 Sindh Repeal Act, 2017. It is still very much in the field,” he clarified in the letter, a copy of which is available with The Express Tribune.

He clarified that the high court had only ordered that pending inquiries and investigations may be continued by NAB and pending references may also be proceeded with by the accountability courts established under the National Accountability Ordinance, 1999.

“As per provisions of the National Accountability Ordinance Sindh Repeal Act, 2017, the NAB ordinance stands repealed and NAB cannot initiate new cases or inquiries against the provincial government departments or provincial office holders,” the AG explained.



He advised that all the departments of the Sindh government cooperate with NAB regarding pending inquiries and investigations, but no government records should be provided to initiate new cases or inquiries, as the Sindh Repeal Act is a valid law and very much in the field. The AG said that NAB could not issue notices to the persons concerned for initiating any fresh inquiries or investigations, as per the provisions of the Act.

The law officer asked them to communicate to all the departments and institutions of Sindh government that the Act of Sindh Assembly could neither be suspended under the law nor has it been suspended.

“The order is to the extent of pending proceedings, as new or fresh cases could not be initiated by NAB and no records of the government or communications could be provided to NAB authorities in this regard,” the law officer concluded.