PPP, PML-N leaders: petition filed to declare production orders illegal

The Supreme Court has been requested to declare the production orders of Pakistan Muslim League-Nawaz (PML-N) and Pakistan People's Party (PPP) leaders, issued by the speakers of National, Punjab and Sindh assemblies, as illegal and set them aside. Asif Nawaz Advocate on Tuesday filed a petition under Article 184(3) of the Constitution and made NAB chairman, DGs of Islamabad, Lahore & Karachi, speakers of national, Punjab and Sindh assemblies, Shahbaz Sharif, Hamza Shahbaz Sharif, Asif Ali Zardari, Faryal Talpur, and Agha Siraj Durrani as respondents.
He submitted that NAB levelled serious allegations against Shahbaz Sharif, Hamza Shahbaz Sharif, Asif Ali Zardari, Faryal Talpur and Agha Siraj Durrani (respondents 8 to 11) that they committed fraud, cheating and misappropriation of huge public money; therefore, the anti-graft body started inquiry/investigation against them (respondents 8 to 11). The NAB authorities arrested them after obtaining arrest warrants from the NAB chairman and produced them before the accountability courts for physical remand, which was granted.
During the physical remand of respondents 8 to 11, the speakers of national, Punjab and Sindh assemblies issued production orders for attending the assembly sessions. Upon issuance of the production orders, the NAB authorities allowed the respondents to attend the assembly sessions during their physical remand; thus the acts of the respondents are illegal, unlawful, void ab inito and the same is liable to be set aside by the apex court.
Asif maintained that Ch Muhammad Zubair Dhillon and Riaz Hanif Rahi filed writ petition in Lahore High Court and Islamabad High Court, but both the high courts dismissed them. He contended that the production orders of respondents 8 to 11 are totally illegal, unlawful and contrary to the law. He submitted that as the matter relates to interest of public at large, and there was no adequate and efficacious remedy available to the petitioner except to invoke the constitutional jurisdiction of the Supreme Court, therefore, he filed this petition.
Asif stated that the NAB is unable to investigate the matter as the respondents are attending the assembly session in the light of the production orders issued by the speakers of the respected assemblies. The physical remand is judicial order and production orders issued by the speakers are executive orders. The executive order has no authority or power to bypass the judicial order, he stated.
He alleged that the accused are involved in the cases of accumulating huge assets, which are disproportionate to their known sources of income. He contended that under Section 17(c) of National Accountability Ordinance 1999, the speakers have no power to issue production orders.