Skip to main content

Supreme Court moved against new accountability law

ISLAMABAD: After the Lahore High Court, the Supreme Court has been moved against the National Accountability (Second Amendment) Ordinance, 2019, on the grounds that it creates an exception by giving relief to civil servants and businessmen.

Journalist Farrukh Nawaz Bhatti filed a petition on Monday through Advocate Dr G.M. Chaudhry requesting the court to suspend the operation of the new ordinance till the final disposal of the petition.

On Dec 26, the government had provided relief to the businessmen and bureaucrats by promulgating an ordinance to amendment the National Accountability Ordinance, 1999.

The new ordinance, the petition argued, allows the public and civil servants to allegedly run the affairs of state according to their whims as the law provides a blanket authority to violate the procedures under the pretext of good faith.

Petitioner argues that fresh ordinance is in violation of fundamental rights

The petition says that it may be argued for the sake of defence there are only a few provisions of the ordinance which were ultra vires of the Constitution whereas some were within it. But it is difficult to separate such provisions from this ordinance as these were vitiating the entire legislative scheme of the ordinance thus making it impossible judicial scrutiny and review under Article 8 of the Constitution to separate bad parts from the good parts.

The petitioner pleaded that in the interest of justice, equality, rule of law, due process of law and procedure, end of exploitation and discrimination, the ordinance should be declared as ultra vires of the Constitution and void initio.

He has also sought a direction from the apex court for the federal government to discharge its constitutional and legislative responsibility under Article 212(1)(b) of the Constitution regarding enactment of the law.

The petitioner argued that the new ordinance is in violation of different provisions of the fundamental rights guaranteed in the Constitution against the elimination of exploitation provided in Article 3 and also against the rule of law and procedure as contained in Article 4.

He alleged that the new ordinance was aimed at dividing the general public and society on “economic class basis”, against the principles of democracy, non-exploitation, non-discrimination and “public power and executive authority” as a sacred trust.

When the entire world is having strict regulatory regimes to check and control illegal and exploitative activities of the businessmen who only have loyalty to their businesses, commercial profits and gains the new ordinance has done otherwise.

The petition has contended that the federal government, instead of discharging its legislative responsibility under Article 212(1)(b) of the Constitution, has failed to perform its constitutional duty and going to insulate and save the executive and its collaborators.

Moreover the federal government is standing with tax evaders and corrupt elements when it should be bucking up the tax payers, loyal citizens and create more loyalty and obedience towards law.

The petitioner argued that the ordinance proved that the federal government has failed to establish a fair and just economic order without any discrimination based on rule of law and without exploitation under the Constitution.

Published in Dawn, December 31st, 2019



from The Dawn News - Home https://ift.tt/2MLeUtk
via IFTTT

Comments

Popular posts from this blog

Trump says he urged team to ‘slow’ COVID-19 testing

US President Donald Trump said Saturday he was encouraging health officials in his administration to slow down coronavirus testing, arguing that increased tests lead to more cases being discovered. The president has claimed falsely on several occasions that surges of COVID-19 in several states can be explained by greater numbers of diagnostic tests. At his first rally since the outbreak forced nationwide shutdowns in March, Trump told the crowd in Tulsa, Oklahoma that testing was a “double-edged sword.” The United States — which has more deaths and cases than any other country — has carried out more than 25 million coronavirus tests, placing it outside the top 20 countries in the world, per capita. “Here is the bad part: When you do testing to that extent, you are going to find more people, you will find more cases,” Trump argued. “So I said to my people ‘slow the testing down.’ They test and they test.” It was not clear from Trump’s tone if he was playing to the crowd, who ...

Rouhani calls Imran, discusses resumption of trade

ISLAMABAD: Pakistan and Iran on Wednesday discussed full resumption of bilateral trade, which was halted last month because of the Covid-19 pandemic. “The two sides stressed the need to reactivate borders and border markets and strengthen trade ties by following health guidelines,” a statement issued by the Iranian presidency on the telephonic conversation between Prime Minister Imran Khan and President Dr Hassan Rouhani said. President Rouhani had called the prime minister for Ramazan greetings. Border trade between the two countries was suspended after a meeting of the National Security Committee (NSC), held on March 13, decided to close all borders because of the pandemic. Islamabad partially relaxed the restrictions on April 21, allowing the import of certain food items and provision of petrol and diesel to the border areas. Cargo traffic from Iran was allowed for three days every week. Cargo movement between the two countries takes place through five border crossings — Taftan...

Today’s outlook: Sindh CM discusses reopening markets with PM Khan

Here are some of the stories we are expecting to follow today (Thursday): Sindh Chief Minister Murad Ali Shah will take Prime Minister Imran Khan into confidence over reopening shops and markets across the province. The reopened markets will have to follow SOPs. Sindh Transport Minister Awais Qadir Shah will discuss SOPs with transporters for resuming public transport in the coming days. The meeting will be held at the Sindh Assembly building at 1:30pm. The Oil and Gas Regulatory Authority has proposed a price cut of Rs20.68 per litre for petrol in its summary. Imam-e-Kaaba Sheikh Abdul Rahman Al-Sudais has said Masjid Al Haram and Masjid Al Nabawi will be reopened for worshipers soon. He said the Kaaba is being sterilised using latest technologies. Punjab Chief Minister Usman Buzdar will head various meetings during his visit to Bahawalpur. As of Thursday, Pakistan has reported more than 15,500 confirmed coronavirus cases. ICYMI: An amendment to the National Accountability Or...