After rejecting the promulgation of National Accountability Amendment Ordinance 2010 over the allegations of achieving 'ulterior motives' in the Senate, Syed Zafar Ali Shah of PML-N Monday requested the Supreme Court to declare the amendment an 'invalid' legislation.
President Asif Ali Zardari had issued Ordinance No XVIII of 2010 to further amend the National Accountability Ordinance (NAO), 1999 on September 16, shifting some key powers from the NAB chairman to law ministry, which the opposition alleged was a move to manipulate important corruption cases.
However, the day ordinance was presented before the upper house, the legislation was not only rejected by the opposition through a walkout, but Senator Raza Rabbani of the PPP, who is also an Advisor to the PM had also joined the opposition against amendment. The government had claimed to have published the ordinance on the day of its promulgation in Gazette of Pakistan, whereas the opposition had denied the claim.
The amendment has bestowed the powers to shift cases from one accountability court to another. For that purpose amendment in section 16-A has been introduced which reads as: "in section 16-A, after the sub-section (a), the following sub-section shall be inserted, namely;- "(aa) Power of federal government to transfer cases. Notwithstanding anything contained in any other law for the time being in force, where a new accountability court(s) has been established at any place, the federal government may by order transfer cases and proceedings pending before other accountability court(s) to such newly established court(s) relating to its territorial jurisdiction and it shall not be necessary for such court(s) to recall any witness or again to record any evidence that may have been recorded."
Syed Zafar Ali Shah, filed a petition under Article 184(3) -a provision of the constitution that enables the apex court to pass an order in case of a question of public importance, nominating the Federation and Manager Printing Corporation of Pakistan Press as respondents.
The petitioner contended that he feels and observes that the fundamental, constitutional and political rights are being suppressed and infringed by the respondents and the power of the President of Pakistan to promulgate the ordinance under article 89 of the constitution has been misused and by promulgating the ordinance while showing the print line as "Islamabad, Thursday, September, 16th, 2010 by Printing Corporation of Pakistan Press was just against the fact and contrary to law.
On October 1, Prime Minister Yousuf Raza Gilani had given a statement on the floor of the house that no such ordinance has been advised by him to be promulgated so it is sufficient to understand that the constitution has been violated by the federation. The so-called ordinance which was neither promulgated by the advise of the Prime Minister of Pakistan nor it was signed and promulgated by the President on 16th of September, 2010 as it has been stated showing the date line in the gazette of Pakistan published on 16th September, 2010, the petition added.
The petition said that it is also pertinent to mention here that the so-called ordinance for amendment in the National Accountability Ordinance was promulgated when the government and the opposition both are working to introduce a new Accountability Law in consultation with other political forces and there was no need to introduce this new ordinance.