ISLAMABAD: The Islamabad High Court (IHC) issued notices to the federation and the National Accountability Bureau (NAB) on an intra-court appeal (ICA) challenging the constitutional validity of the National Accountability (Amendment) Ordinance, 2024.
A Division Bench of Justice Muhammad Azam Khan and Justice Muhammad Asif on Tuesday heard the petition filed by Malik Naji Ullah through his counsel Azhar Siddique Advocate and issued notices to the federation, the NAB and other respondents.
The appeal challenged the IHC single bench judgment dated 29 September 2026, whereby the Single Bench disposed of the constitutional petition as having become infructuous following the expiry of the impugned Ordinance.
The counsel contended before the court that the expiry of the Ordinance cannot extinguish judicial scrutiny of its constitutionality, particularly when its provisions were implemented and may have continuing legal consequences for persons subjected to extended physical remand.
He questioned the increase in the maximum period of physical remand under the National Accountability Ordinance, 1999, from 14 days to 40 days, alongside the reduction of punishment for officials found by a court to have initiated cases with mala fide intent or on false or fabricated evidence. He also raised substantial constitutional questions concerning personal liberty, due process, equality before law, parliamentary supremacy and the limits of executive ordinance-making under Article 89 of the Constitution.
The counsel relied, among other matters, on NAB’s report recording physical remands obtained during the Ordinance’s operation and contended that certain remands exceeded the previous statutory limit and continued beyond the Ordinance’s expiry. The appeal sought judicial determination of these issues, production of a complete record of remands and disclosure of the relevant Federal Cabinet record.
Through the appeal, the appellant also sought to set aside the impugned judgment and requested the Court to decide the constitutional questions on their merits or remit the matter for fresh adjudication.
Copyright Business Recorder, 2026
Comments