LAHORE: The federal government told the Lahore High Court on Wednesday that the National Accountability Ordinance 1999 was a valid piece of law and in conformity with the Constitution.

Deputy Attorney General Imran Aziz stated this before a full bench during hearing of petitions challenging the existence of the NAB Ordinance 1999 and conviction of former prime minister Nawaz Sharif and his family members under the same law.

Opposing the maintainability of the petitions, the federal law officer argued that the Supreme Court had already settled this issue in a case famously known as “Khan Asfandyar Wali & others versus Federation” in 2001.

He said the NAB ordinance could not be struck down in the presence of the Supreme Court’s judgment. He urged the bench to dismiss the petitions for not being maintainable.

NAB Additional Prosecutor General Jahanzeb Bharwana would start his arguments on Thursday (today). The bench headed by Justice Shahid Waheed had decided to hear the matter on a day-to-day basis. Justice Atir Mahmood and Justice Shahid Jamil Khan are other members of the full bench.

Senior lawyer A.K. Dogar of the Pakistan Lawyers Foundation and others had filed the petitions assailing the conviction of the Sharif family besides challenging the existence of the National Accountability Ordinance (NAO) 1999.

The petitioners stated that the ordinance had been promulgated by military dictator retired Gen Pervez Musharraf under the Provisional Constitutional Order (PCO) No 1 of 1999 as well as Order No 9 of 1999. They said the order No 9 was promulgated only to amend PCO No 1 of 1999 by inserting Section 5A (1) into it to the effect that limitation of 120 days prescribed under Article 89 of the Constitution to any ordinance by the president would not be applicable to the laws made under PCO No 1 of 1999.

However, the petitioners said under Article 270-AA of the Constitution through the 18th amendment, the PCO No 1 of 1999 was declared without lawful authority and of no legal effect. They said once the PCO No 1 was declared without lawful authority and of no legal effect, the amendments to it made under order No 9 of 1999 would also stand lapsed and, therefore, the limitation period of 120 days prescribed under Article 89 would be applicable to the NAB ordinance.

The petitioners asked the court to declare that after the 18th amendment and insertion of Article 270-AA into the Constitution, the NAB ordinance had ceased to be the law and become non-existent and a dead letter.

They said thousands of people had been suffering from the agony of proceedings under a law which was constitutionally non-existent. Therefore all these proceedings should also be declared unlawful.

Published in Dawn, August 30th, 2018

Opinion

Editorial

Growth to stability
Updated 29 Apr, 2026

Growth to stability

THE State Bank’s decision to raise its key policy rate by 100 basis points to 11.5pc signals a shift in priorities...
Constitutional order
29 Apr, 2026

Constitutional order

FOLLOWING the passage of the 26th and 27th Amendments, in 2024 and 2025 respectively, jurists and members of the...
Protecting childhood
29 Apr, 2026

Protecting childhood

AN important victory for child protection was secured on Monday with the Punjab Assembly’s passage of the Child...
Unlearnt lessons
Updated 28 Apr, 2026

Unlearnt lessons

THE US is undoubtedly the world’s top military and economic power at this time. Yet as the Iran quagmire has ...
Solar vision?
28 Apr, 2026

Solar vision?

THE recent imposition of certain regulatory requirements for small-scale solar systems, followed by the reversal of...
Breaking malaria’s grip
28 Apr, 2026

Breaking malaria’s grip

FOR the first time in decades, defeating malaria in our lifetime is possible, according to WHO. Yet in Pakistan,...