LAHORE: A Lahore High Court full bench formed to decide a petition challenging the existence of the National Accountability Ordinance (NAO) 1999 and conviction of former prime minister Nawaz Sharif and his family members under the same law was dissolved on its hearing.
Justice Shams Mahmood Mirza, head of the three-judge full bench, recused himself from the case on personal reasons that led to the dissolution of the bench. Justice Sajid Mahmood Sethi and Justice Mujahid Mustaqeem Ahmad were the other members of the bench.
Justice Mirza referred the petition back to the chief justice for the constitution of a new bench.
Senior lawyer AK Dogar had filed the petition assailing the conviction of the Sharifs besides challenging the existence of the NAO.
The lawyer pleaded that former premier Nawaz Sharif and others had been convicted by a court which had no jurisdiction because the law under which it (court) had been created was a dead law.
He said the high court should suspend the operation of the accountability court’s judgement for being a court established under a non-existent law.
Challenging the validity of the NAB ordinance, Mr Dogar argued that the ordinance had been promulgated by military dictator retired Gen Pervez Musharraf under Provisional Constitutional Order (PCO) No 1 of 1999 as well as Order No 9 of 1999.
He 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.
