LAHORE - The Lahore High Court Friday issued notices to attorney general of Pakistan and the federal law ministry on a petition against the National Accountability Ordinance 1999 for being contrary to several provisions of the constitution.
Justice Abid Aziz Sheikh passed the order on a petition moved by Lawyers’ Foundation for Justice against the NAB Ordinance, 1999.
Advocate AK Dogar represented the petitioner, arguing that the impugned ordinance was promulgated by then military dictator/president Pervez Musharraf under provisional Constitutional Order (PCO) No.1 of 1999 as well as order No.9 of 1999.
He said under Article 270-AA of the Constitution through 18th amendment, the PCO No1 of 1999 was declared without lawful authority and of no legal effect.
The counsel argued that the order No9 was promulgated only to amend PCO No.1 of 1999 by inserting section 5A (1) in 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 No1 of 1999.
The counsel further argued that according to sub-article 2 of Article 270-AA of the Constitution, certain laws which were still enforced, shall continue to remain enforced unless amended by the competent legislation.
The petitioner prayed to the court to declare the Ordinance unlawful and unconstitutional and set aside the same. After issuing notices to the respondents, Justice Sheikh adjourned hearing until May 07.
LHC dismisses petition against Musharraf
The Lahore High Court Friday turned down for not being maintainable a petition seeking removal of former president and army chief Gen (r ) Pervez Musharraf as head of a political party.
Justice Shahid Karimwas hearing the petition moved by Advocate Muhammad Afaaq against Pervez Musharraf as chief of All Pakistan Muslim League (APML). The judge held that the petitioner was not the aggrieved one and nor did he approach the relevant forum for redressal of his grievances.
The petitioner said Musharraf could not head a political party since he was disqualified to contest 2013 general election.
He pointed out that the election commission of Pakistan (ECP) had disqualified the former military dictator under Article 62 and 63 of the Constitution.
He said the Supreme Court of Pakistan recently ruled in ousted prime minister Nawaz Sharif’s case that a disqualified person could not head a political party and the same ruling applies on Musharraf who has been heading a political party despite being disqualified.
He prayed to the court to order the ECP to remove the former military dictator as president of APML.
