IHC seeks replies on challenge to NAB remand extension ordinance

ISLAMABAD: The Islamabad High Court on Thursday sought a detailed response from the federation and the National Accountability Bureau (NAB) on a petition challenging an ordinance that increased physical remand in NAB cases from 14 days to 40 days.

Justice Raja Inaam Ameen Minhas issued notices to the respondents while hearing a petition filed by a citizen. The court also directed the authorities to place on record details of cases in which remand beyond 14 days was granted after the promulgation of the NAB amendment ordinance.

During the hearing, petitioner’s counsel Muhammad Azhar Siddique told the court that it had previously directed the federation to submit province-wise and bureau-wise data of all such cases. He said the court had also asked for the reasons and justification for promulgating the ordinance under Article 89 of the Constitution.

According to the counsel, despite the passage of considerable time, the authorities had not complied with those directions and had failed to submit the required record. He argued that the federation had only stated verbally that the ordinance would be placed before parliament, but no documentary proof had been produced. He further submitted that the ordinance later lapsed without being enacted into law.

Questions over ordinance remain before court

The petitioner’s counsel argued that the expiry of the ordinance did not make the case ineffective because important constitutional questions about its issuance, implementation and validity were still unresolved.

He told the court that the power to promulgate an ordinance under Article 89 is conditional and can be examined through judicial review. He also argued that the absence of any disclosed emergency circumstances requiring the ordinance, along with the failure to place it before parliament, raised serious concerns about whether it was constitutionally valid.

The counsel requested the court to direct the federation to provide the reasons, emergency circumstances and legal basis for promulgating the ordinance. He also asked for a complete list of all cases in which remand exceeding 14 days was granted under the challenged law.

The petitioner has challenged the legality of the ordinance that enhanced the physical remand period of accused persons in NAB cases from 14 days to 40 days.

After a preliminary hearing, the court issued notices to the federation and NAB, sought their replies and adjourned further proceedings.

The matter before the court centres on the legality of the ordinance through which the remand period in NAB cases was extended from 14 days to 40 days, and on whether the constitutional requirements for issuing such a measure were fulfilled.