The Supreme Court was informed on Thursday that the government has decided to withdraw NAB Amendment Ordinance, 2010, which was promulgated by President Asif Ali Zardari. A three-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry comprising Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday was hearing identical petitions, filed by PML-N leader Syed Zafar Ali Shah and Shahid Orakzai.
The attorney-general of Pakistan Molvi Anwarul Haq told the bench that the government has decided to withdraw the notification of National Accountability Bureau (NAB) Amendment Ordinance, 2010, issued by the President Asif Ali Zardari.
The AG pleaded before the court that all the petitions against the ordinance have therefore become redundant after withdrawal of the notification. However, the bench told the attorney-general to present the withdrawal notification before the apex court and be ready to answer the queries of lawyers, who objected to its earlier promulgation without consulting the prime minister, in the next hearing.
Syed Zafar Ali Shah of PML-N argued that only a valid ordinance could be withdrawn. According to him the ordinance was promulgated illegally on the basis of constitution and its withdrawal would make no difference. Another petitioner, Shahid Orakzai, was of the view that constitution had been violated as the said ordinance was issued without prior consultation with the premier. In his argument, he also pleaded that mere withdrawal of the notification after such a long pause is not enough. This is breach of the constitution, which calls for impeachment of the president, according to him.
Justice Khalil-ur-Rehman Ramday opined that the violation of the constitution must be taken up by the proper forum, meant for legislation and added that the apex court is not meant for impeaching or putting anyone to power.
The circulation of the ordinance by President Asif Ali Zardari that involves transfer of power from NAB chief to Law Minister Babar Awan was under the scrutiny of the body {Supreme Court} best suited for explaining the legal implication of the constitution, as lawmakers were questioning the discretionary powers vested in the office of the president.
The petitioners had challenged the amended NAB Ordinance before the Supreme Court, arguing that the promulgation of any ordinance by the president without the advice of prime minister is in violation of the constitution. The petitions, challenging the NAB Amendment Ordinance 2010, were filed under Article 184(3) of the constitution, making the federation respondent through the law secretary. The petitioners had sought a ruling on what they termed violation of the constitution by the president from the apex court for which the court had asked for the full text of the notification.
The ordinance issued by President Zardari on September 16 had also been discussed loud and clear in both houses of parliament in protest, embarrassing Prime Minister Yousaf Raza Gilani in the National Assembly, forcing an opposition walkout from the Senate and creating a split within the PPP, with Senator Raza Rabbani joining the opposition walkout on the issue.
The petitioners had contended that the amendment in NAB law was aimed at taking away the powers of NAB chairman. They had questioned whether the president is empowered to promulgate an ordinance under Article 89 without the advice of the Cabinet or the PM. The Supreme Court adjourned the case till December 7.