LAHORE: The Lahore High Court on Thursday disposed of a petition challenging the promulgation of the National Accountability (Amendment) Ordinance, 2024 by the president.

Justice Shujaat Ali Khan announced a decision he reserved the other day on a petition filed by Munir Ahmad, a lawyer.

During the hearing, Additional Attorney General Mirza Nasar Ahmad stated that the impugned ordinance, having not been extended, had already expired, thus, no further proceedings were required in the petition.

Opposing the stance of the law officer, petitioner’s counsel Azhar Siddique argued that irrespective of the expiry of the ordinance, the court had to decide as to whether the conditions, enumerated under Article 89 of the Constitution were fulfilled prior to the promulgation of the ordinance.

He said there was no cavil with the fact that the parliament can legislate on a subject but it should not be person specific as had been done in the present case. He alleged that no one other than PTI founding chairman Imran Khan was subjected to 90-day remand under the ordinance.

The law officer submitted that in exercise of jurisdiction vested under Article 199 of the Constitution, the LHC can take cognizance of an alive matter and since the ordinance, under attack in the petition, was no more alive.

Mr Nasar said since neither the petitioner fell within the definition of an aggrieved person nor he had been authorised to file the petition by the PTI founding chairman, he had no right to challenge the exercise of the powers by the president.

He further said either the National Assembly or the senate can annul any ordinance issued by the president, therefore, the grievance voiced by the petitioner was not justified.

Advocate Siddique argued that the petitioner had not claimed to be an aggrieved person rather filed the petition as public interest litigation. Therefore, he said, the government had no right to challenge his competence to file the petition.

“I have noted that the National Accountability (Amendment) Ordinance, 2024, having not been extended, has already expired, hence, there is no live issue to be adjudicated upon in this petition,” Justice Khan observed in his order.

He noted that the points agitated by the petitioner’s counsel would be dilated upon by the relevant forum in appropriate proceedings but cannot be used to continue with this matter.

The judge disposed of the petition for having become infructuous.

PTI leader: The Lahore High Court on Thursday directed the chief secretary to present detained PTI ex-MNA Tahir Iqbal in the court on Friday (today).

Advocate Azhar Siddique argued before the court that the Vehari deputy commissioner had on Oct 18 issued the detention order of his client and detained him at the district jail.

He stated that the LHC Multan bench had ordered the government to decide a plea against the detention of the petitioner. He said the government failed to decide the matter and shifted the petitioner from Vehari to Mianwali jail with a mala fide intention.

He alleged that the government is planning to implicate the petitioner in fabricated cases if his detention is set aside.

The lawyer pointed out that the LHC had already suspended the operation of section 3 of the MPO Ordinance 1960.

He stated that the shifting of the petitioner from one jail to another was contempt of the court.

Justice Amjad Rafiq adjourned the hearing for Friday (today) and directed the chief secretary to present the detained petitioner.

Published in Dawn, November 15th, 2024