The Government of Sindh on Thursday challenged National Accountability (Amendment) Ordinance 2019 in Supreme Court (SC) on the pretext of being incompatible with Sindh Prison Act.
Pakistan Peoples Party (PPP)-led provincial government challenged the amendment in Section 10 of NAB Ordinance 2019, which reads, "Notwithstanding anything to the contrary contained in any other law or any instructions etc. for the time being in force, any person arrested under provisions of this ordinance for any offence involving any amount above fifty million rupees shall be entitled to "C" class or equivalent only in the prisons irrespective of the stage of inquiry, investigations or trial",.
In its plea, Sindh Government submitted that the promulgation of the 2019 Ordinance and the consequent amendment to the NAB Ordinance by the Federation is beyond the constitutional remit of federation as the legislative competence in respect of prisons" and "prisoners".
The provincial government stated that Sindh Prison Act stipulates any law and provision for the classification of persons in prisons, has always been and continues to remain exclusively within the domain of the provinces by virtue of being a residuary subject under the present constitution.
The Sindh Government stated that amendments to NAB Ordinance amounts to a usurpation of the provinces' constitutionally marked legislative power and is violation of the mandate of Article 142(c) of the constitution.
The provincial government maintained that not only does the 2019 Ordinance encroach upon the exclusive legislative competence of the provinces and offend the constitutional history of the allocation of legislative competence, it is incompatible with the law currently in force in Sindh, the Sindh Prisons Act, which specifically provides the criteria and circumstances for the classification and accommodation of persons in "Better Class (b-class)" and "Common Class (c-class)" prisons.
In addition, Sindh government held the view that mandatory classification of persons under the 2019 Ordinance into "c-class" prisons only "irrespective of the stage of inquiry, investigation or trial" is in violation of constitutionally guaranteed fundamental and human rights, in particular, the dignity and life of human beings as it is also subjecting persons who are yet to be charged, tried, or sentenced under the law (and therefore who are presumed to be innocent under the law) to the same treatment in prisons as those who are already convicted and sentenced as offenders.
The provincial government pleaded that promulgation of the 2019 Ordinance by the President of Pakistan is unconstitutional and ultra vires of Article 89 of the constitution for having been promulgated in a mala-fide manner, prior to a scheduled session of the Houses of Parliament.
Sindh Government prayed the apex court to declare that the 2019 Ordinance is illegal and of no legal effect and ultra vires for being passed without legislative competence and in violation of constitutional principles.
Federation of Pakistan has been made respondents in the petition, which was filed in SC's Karachi Registry.
Copyright Business Recorder, 2019