Government to withdraw NAB law notification

AG says all petitions against ordinance have become redundant after withdrawal notification

ISLAMABAD: The government has decided to withdraw the notification for the National Accountability Bureau (NAB) Ordinance (Amendment) of 2010, Attorney-General Maulvi Anwarul Haq informed the Supreme Court on Thursday.

The amendment ordinance was issued by President Asif Ali Zardari.

Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday were hearing identical petitions filed by PML-N Senator Syed Zafar Ali Shah and freelance journalist Shahid Orakzai.

The attorney-general submitted that all petitions against the ordinance have become redundant after the withdrawal of the notification.

However, the bench told the attorney-general to submit the withdrawal notification and be ready to answer queries of lawyers during the next hearing.

Shah submitted before the bench that only a valid ordinance can be withdrawn. He argued that the ordinance was promulgated “illegally” and its withdrawal should “make no difference”.

Shahid Orakzai was of the view that Clause 47 of the Constitution had been violated because the ordinance was issued without prior consultation with the prime minister.

Orakzai pleaded that just withdrawal of the notification after such a long time was not enough. He said: “This is a breach of the Constitution which calls for impeachment of the president.”

Justice Khalilur Rehman Ramday said that the violation of Clause 47 of the Constitution should be taken up by a proper forum, meant for legislation and said the apex court is not meant for impeaching or putting anyone in power.

Petitioners Syed Zafar Ali Shah and Shahid Orakzai had challenged the amended NAB ordinance, contending that promulgation of any ordinance by the president without the prime minister’s advice is a violation of the Constitution, which invokes Article 47 of the Constitution.

The petitions were filed under Article 184(3) of the Constitution. The ordinance was issued by President Zardari and its promulgation also raised an uproar in both houses of parliament, embarrassing Prime Minister Yousaf Raza Gilani in the National Assembly.

The petitioners had contended that the amendment in the NAB law was aimed at clipping the powers of the NAB chairman.

Published in The Express Tribune, December 3^rd, 2010.