Sindh National Accountability Repeal Act, 2017 has been challenged in the Supreme Court on Thursday, seeking directives to declare it unlawful and orders to restrain the provincial government from implementing the Act. The Act which came into effect on Thursday has been criticized for curtailing the National Accountability Bureau's (NAB) powers to act against employees of the provincial government.
Challenging the Repeal Act, 2017 before the Supreme Court under Article 184 (3) of the Constitution, petitioner Nisar Ahmed of Khairpur, Sindh, made federation through secretary Ministry of Law, Sindh government through chief secretary, speaker Sindh Assembly and secretary Law & Parliament Affairs Sindh as respondents. Nisar Ahmed urged the court to declare the Sindh Accountability Repeal Act 2017 unconstitutional, unlawful, illegal and ultra vires to the Constitution.
The petitioner requested the apex court to decide a question of law whether provisions of Sindh National Accountability Repeal Act, 2017 passed as Act by the Provincial Assembly of Sindh are ultra vires of the Articles 4, 7, 8, 9, 25, 137, 142(b) and 143 of the Constitution. "Whether provincial legislature has the legislative competence to repeal a federal law falling within the concurrent legislative field under Article 142(b) of the constitution?," said the petitioner.
He further raised questions of law: whether has Sindh Assembly exceeded its jurisdiction in law and constitution by repealing a federal law competently promulgated and subsequently protected by Parliament?; whether do the offences related to corruption and corrupt practices and measures to combat corruption not form part of criminal law for the purpose of Article 142(b) of the constitution?; whether is the Act 2017 a product of colorable exercise of powers aiming at a protecting specific strata of populace?; whether is the Act 2017 in its present form sustainable being a valid piece of legislation?
Raising more questions of law, the petitioner prayed the apex court to decide whether Sindh Assembly has exceeded its jurisdiction in law and constitution by repealing a federal law competently promulgated and subsequently protected by the Parliament. The petitioner submitted that the Act 2017 is illegal, unconstitutional, violative of fundamental rights and aims at benefiting a group of people.