LHC dismisses interpretation of NAB amendment ordinance

Islamabad (Ansar Abbasi) In the most unusual case, Chairman NAB has suspended its own warrant issued against the Multan Metro contractor against whom the Bureau of NAB is running a reference in Multan world ahmed

Apparently, these warrants appear to have been revoked after the Lahore High Court's Multan Bench ruled that the recent amendments to NAB's law would also apply to references already pending in accountability courts. ۔

After hearing the arguments of Supreme Court lawyer Behzad Haider Advocate, who prosecuted private contractors, the Lahore High Court declared that the accountability courts have the full power to deal with the bait pleas in view of the relevant provisions of the NAB Ordinance 2019.

According to the Behzad Haider Advocate, the Lahore High Court's decision completely reverses the NAB's interpretation that the ordinance does not apply in the old dates of 2019 and has affected the inquiries and inquiries that have been allowed in the past. As well as the cases under trial will not be affected.

The decision of the Lahore High Court will result in numerous inquiries, inquiries and even references to NABs being heard in the trial courts. Interestingly, NAB Multan issued an order on March 10, which contained orders from Chairman NAB to suspend arrest warrants for suspected contractors and remove their names from the blacklist.current world news

Two days later, on March 12, NAB Lahore arrested a private person, Mir Shakeel-ur-Rehman, on a transaction involving two private parties. NAB ordinance is barred from prosecuting businessmen in 2019, as well as bureaucrats banned from taking action against government officials, including politicians and bureaucrats, when the allegation is not just that of public officials. May have violated some of the rules in decision-making, but rather that the Bureau has solid evidence that the aforementioned official has benefited from making that decision.

In the case of Mir Shakeel-ur-Rehman, the NAB still has to clarify why I) first arrested Mir Shakeel-ur-Rehman despite the fact that it was between two private parties and, secondly, according to NAB's opinion, to Jung Group's editor-in-chief. If the government at that time gave any concession in any way, does the NAB have any "solid evidence" that it was financed by a government official who benefited Mir Shakeel-ur-Rehman?

In the Multan Metro case, the private contractor's lawyer argued in the bail plea that since there are procedural defects in the reference, there is no allegation of bribery, so it can be said that a crime Didn't happen The bench remarked that the matter was not a guarantee of bail. The Lahore High Court's Multan Bench in the NAB case rendered the following verdict on February 19: Nazir Ahmed Chaghatai vs. NAB case:…) First, applicants' case is not in accountability court after implementation of NAB Ordinance 2019, 28 December, 2019. And this case is no longer under its jurisdiction.

In this regard, some applicants have already filed their verdict on the basis of Section 265K of the Criminal Code. Fazil's lawyer argued that the other applicants, who had already secured bail, wish to file a similar petition in the accountability court, but the trial court's additional judge made their application on that basis. Not accepting. Secondly, it is clear that when the reference has already been filed and the accountability court has taken notice that the applicants want to make their case by filing an application under Section 265K of the Criminal Code, then the trial court has the power to The NAB (amendment) Ordinance of such application can be reviewed and decided under the relevant provisions of 2019. Thirdly, the matter is adjourned till March 17, 2020, until the results of the aforesaid applications are made.

The petition extends to those applicants who have already been granted bail earlier. ”Within two weeks of the Lahore High Court's decision, the NAB issued a directive to inform the relevant authorities on March 10. Issued:… ”Chairman NAB issued orders to suspend the arrest warrant of 6 March 2020 and remove the names of accused contractors from the blacklist.

The Chairman NAB has also directed that Malala with the Multan Development Authority be resolved directly with the existing applicants (Construction Association of Pakistan) and the amount should be adjusted with due diligence. The Bureau will not contact the MDA on its own. "

Following the implementation of the NAB (Amendment) Ordinance 2019, the NAB issued a directive to all its Regional Officers on January 10, 2020, stating that the cases that were in process before the implementation of the Amendment Ordinance were to their logical end. Until this ordinance does not apply to ancient history.

However, the standards set out in Sections 2% and 3% of the Ordinance 2019 will be observed. As per the requirement, permission to start new cases will be granted in view of the provisions of the amendment ordinance. The NAB spokesman made it clear that the instructions given by NAB's Internal Communications mean that inquiries, inquiries and cases pending before the amendment ordinance will continue.

However, the Lahore High Court would