National Accountability Ordinance: 2011 PLD &407. SUPREME COURT Arts. 175A & 184(3)---National Accountability Ordinance (XVIII of 1999), S.6(2)(i)---Decisions of Parliamentary Committee constituted under Art.175A of the Constitution---Justiciability---Contentions of the counsel for the Federation were that the question of justiciability of the decisions of the Committee had yet to be decided by the seventeen-member larger Bench of the Supreme Court in the petitions filed to challenge the vires of the 18th constitutional amendment and that present Bench should await the decision of the larger Bench and, in the meanwhile, put the adjudication of present petitions on hold-,Counsel was of the view that the present petitions were a back-door attempt to challenge the role of the Committee and to undermine such role even before the Full Court has had the opportunity of deciding the petitions challenging the 18th Amendment---Validity---Supreme Court observed that the scope of present petitions was materially different from the scope of the petitions being heard by the larger Bench---Present petitions assume the validity of the 18th and 19th Amendments---Petitioners, in the present petitions, only seek judicial interpretation of these Amendments for the purpose of their challenge to the two decisions taken by the Committee and seek judicial review of decisions of an executive body, purported to be taken under Article 175A of the Constitution while the petitions before the larger Bench challenge the very authority of Parliament to make the Constitutional Amendments---Any adjudication in the present petitions therefore, will relate only to the impugned decisions of the Committee and not to the validity of the Amendments in the Constitution.
Posted on: Sun, 25 Aug 2013 09:14:50 +0000
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