P L D 2001 KARACHI 240




Per S. A. Rabbani, J.

(a) Constitution of Pakistan (1973), Articles 89 & 12

Thus, the Proclamation and P.C.O. have been accepted as a law and authority over and above the Constitution. The impugned laws viz: the National Accountability Bureau Ordinance, 1999 and other amending Ordinances have been promulgated under the authority of said Proclamation and P.C.O. and not under Article 89 of the Constitution. In view of these facts, disputing the vires of these Ordinances in relation to the provisions of the Constitution would neither be logical, nor permissible. A Constitution is an organic whole and it can be accepted or rejected as a whole. Acceptance of some parts and rejection of others destroys the Constitution itself. The main prayer in these petitions about the vires of the National Accountability Bureau Ordinance, 1999 vis-a-vis the Constitutional provisions and other laws, cannot be granted in view of what has been discussed above. Petitions are, therefore, dismissed. Stay orders granted in these petitions stand vacated. Per Zahid Kurban Alavi, J. The vires of various provisions of National Accountability Bureau in these petitions have been challenged and primarily the retrospectivity of the Ordinance has been assailed as most petitioners were of the view that such provisions in the National Accountability Bureau Ordinance were in direct conflict with Article 12 of the Constitution. The vires of the National Accountability Bureau Ordinance have also been challenged before the Hon’ble Supreme Court of Pakistan and in fact the Hon’ble Supreme Court has admitted 15 pleas against National Accountability Bureau Law. Out of the fifteen the second plea is in connection with retrospectivity of the Ordinance. Since the Hon’ble Supreme Court is seized of this matter therefore, it would be appropriate to await the decision as it would be final and binding on all. In case if the petitioners feel aggrieved at being interned then they may seek a separate remedy by way of bail. [p. 255] J

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