NAB to continue inquiries against lawmakers in Sindh
SHC wants list of sitting and former assembly members being investigated
PHOTO: EXPRESS
KARACHI:
A three-member larger bench of the Sindh High Court (SHC) put off on Monday hearing on identical petitions challenging the enactment of the Sindh National Accountability Ordinance, 1999 by the Sindh government.
The hearing was put off due to non-availability of SHC Chief Justice Ahmed Ali M Sheikh. However, the bench allowed the National Accountability Bureau (NAB) to continue with its ongoing inquiries and investigations against sitting and former lawmakers and functionaries till the next date of hearing.
In August this year, the bench passed these directives while hearing a petition jointly filed by opposition parties in the province - the Muttahida Qaumi Movement - Pakistan, Pakistan Muslim League - Functional, Pakistan Muslim League - Nawaz, Pakistan Tehreek-e-Insaf and civil rights group, Pasban Pakistan.
Allowing time, the judges directed the NAB prosecutor-general to place on the court's record a complete list of the members of the Sindh Assembly, both former and sitting, who were facing NAB proceedings, which include inquiries and investigations initiated against them. They further directed him to submit a list of sitting and retired officers of the Sindh government alleged to have been involved in mega corruption scams.
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On the other hand, the provincial advocate-general, Barrister Zamir Ghumro, argued that from 1937 to 1997 the anti-corruption law of the federal and provincial governments had been separate. He contended that the petitions were politically motivated, as the petitioners were opponents of the Sindh government, which is led by the Pakistan Peoples Party.
He argued that the application of the National Accountability Ordinance, 1999 on the provinces was a fraud on the Constitution.
Objecting to the jurisdiction of the high court to hear and make decisions regarding the petitions, AG Ghumro contended that the matter was in the nature of a dispute between the federal and provincial governments, adding that under Article 184 of the Constitution the matter could only be heard by the Supreme Court, if the apex court was approached by the federal government.
"No citizen can agitate this issue before the high court, which has no jurisdiction in the matter," he told the judges, as he pleaded them to dismiss the petitions filed by the political parties.
However, the bench members directed AG Ghumro to place on record the minutes of deliberations of the Sindh Assembly members prior to the passage of the bill and confirmation of whether or not the bill was placed before any sub-committee for deliberation before its presentation in the assembly.
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The court was told that the vires of the Act, the subject matter of these proceedings, had also been challenged before the Supreme Court. Therefore, they directed AAG Talibuddin and the NAB prosecutor-general to verify the same and make a categorical statement on the next date of the hearing.
"In the meanwhile, NAB shall proceed with the inquiries and or investigations pending before it and simultaneously the accountability courts shall continue proceeding with the references fixed before them," the judges wrote in their order.
They also directed the office to provide a copy of the order to the federal and provincial law officers, the NAB prosecutor-general and the administrative judge of the accountability courts in Sindh for their information and compliance.
A three-member larger bench of the Sindh High Court (SHC) put off on Monday hearing on identical petitions challenging the enactment of the Sindh National Accountability Ordinance, 1999 by the Sindh government.
The hearing was put off due to non-availability of SHC Chief Justice Ahmed Ali M Sheikh. However, the bench allowed the National Accountability Bureau (NAB) to continue with its ongoing inquiries and investigations against sitting and former lawmakers and functionaries till the next date of hearing.
In August this year, the bench passed these directives while hearing a petition jointly filed by opposition parties in the province - the Muttahida Qaumi Movement - Pakistan, Pakistan Muslim League - Functional, Pakistan Muslim League - Nawaz, Pakistan Tehreek-e-Insaf and civil rights group, Pasban Pakistan.
Allowing time, the judges directed the NAB prosecutor-general to place on the court's record a complete list of the members of the Sindh Assembly, both former and sitting, who were facing NAB proceedings, which include inquiries and investigations initiated against them. They further directed him to submit a list of sitting and retired officers of the Sindh government alleged to have been involved in mega corruption scams.
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On the other hand, the provincial advocate-general, Barrister Zamir Ghumro, argued that from 1937 to 1997 the anti-corruption law of the federal and provincial governments had been separate. He contended that the petitions were politically motivated, as the petitioners were opponents of the Sindh government, which is led by the Pakistan Peoples Party.
He argued that the application of the National Accountability Ordinance, 1999 on the provinces was a fraud on the Constitution.
Objecting to the jurisdiction of the high court to hear and make decisions regarding the petitions, AG Ghumro contended that the matter was in the nature of a dispute between the federal and provincial governments, adding that under Article 184 of the Constitution the matter could only be heard by the Supreme Court, if the apex court was approached by the federal government.
"No citizen can agitate this issue before the high court, which has no jurisdiction in the matter," he told the judges, as he pleaded them to dismiss the petitions filed by the political parties.
However, the bench members directed AG Ghumro to place on record the minutes of deliberations of the Sindh Assembly members prior to the passage of the bill and confirmation of whether or not the bill was placed before any sub-committee for deliberation before its presentation in the assembly.
NAB references are about revenge, not accountability, says Maryam
The court was told that the vires of the Act, the subject matter of these proceedings, had also been challenged before the Supreme Court. Therefore, they directed AAG Talibuddin and the NAB prosecutor-general to verify the same and make a categorical statement on the next date of the hearing.
"In the meanwhile, NAB shall proceed with the inquiries and or investigations pending before it and simultaneously the accountability courts shall continue proceeding with the references fixed before them," the judges wrote in their order.
They also directed the office to provide a copy of the order to the federal and provincial law officers, the NAB prosecutor-general and the administrative judge of the accountability courts in Sindh for their information and compliance.