ISLAMABAD: Repealing the National Accountability Ordinance (NAO) 1999 through legislation by ruling Pakistan People’s Party (PPP) in Sindh has not only anguished the opposition parties but also opened a floodgate of reservations in the legal community.
The legal experts expressed wonder as to how a province could repeal an Act, the NAO 1999 generally known as National Accountability Bureau (NAB) law, which was enacted by the federation.
The PPP when ruling in the center did not repeal the law during its tenure, however, taking the shelter of the 18th Amendment and terming corruption a provincial subject, now the ruling PPP in Sindh has passed a law to repeal the National Accountability Ordinance, 1999.
Law experts further feared that if repealing of NAO 1999 was not nullified by the court of law then it will become a routine practice and ruling parties, violating the constitution, will also repeal Code of Criminal Procedure (CrPC) 1898, Pakistan Penal Code (PPC), Prevention of Corruption Act 1947, Federal Investigation Agency Act 1974 or any other such law to get political gains.
Advocate Babar Awan, who was law minister in federal government led by PPP and recently joined Pakistan Tehreek-e-Insaf (PTI), believed that after abolishment of concurrent list from the Constitution, the provinces were empowered to legislate but they cannot undo the legislation of federation.
To a question he said, “NAO 1999 is one of the legislative instruments of the federation which is given protection under Article 270-AA, the declaration and continuance of Law.”
“It must be remembered that we are a federation of provinces and not confederation of states,” Awan reminded the PPP ruling in Sindh.
He added that despite creation of Khyber Pakhtunkhwa Ehtasab Commission (KPEC), NAO 1999 was still enacted in the province and it was taking cognizance, making investigations and arrests.
With the passage of law, all references and legal proceedings pending before NAB immediately before the commencement of the Act shall stand transferred to the respective provincial anti-corruption establishment.
It is pertinent to mention here that the Sindh government has passed the Law after cognizance and actions by NAB against PPP ministers and blue-eyed bureaucrats.
Thus it is believed that such law could benefit PPP’s leaders Sharjeel Memon, Dr. Asim Hussain, and government officials including former Sindh Building Control Authority director general Manzoor Qadir Kaka as their cases would be transferred from NAB to the anti-corruption establishment and Provincial Anti-Corruption Courts, respectively.
Similarly, Former President Supreme Court Bar Association Advocate Kamran Murtaza opined that the law to repeal NAO 1999 was passed to get the political benefits adding that neither a province can repeal NAO 1999 not its effect can be abolished.
Only the federation can repeal such law, he said, however adding that province was empowered for legislation of a separate law for establishment of another anti-corruption body.
He said both anti-corruption bodies can function separately. He however, emphasized that at the time of conflict the NAO 1999, the law enacted by federation, would prevail.
Published in Daily Times, July 5th , 2017.
