ISLAMABAD: The Supreme Court has proposed ‘appropriate’ amendments to the National Accountability Ordinance (NAO), 1999.
“In the changed scenario the legislature may, if so advised, consider amending the National Accountability Ordinance, 1999 appropriately so as to enable an accused person to apply for his bail before the relevant Accountability Court in the first instance,” said a 22-page verdict of the top court on Monday.
The judgement was authored by incoming chief justice Asif Saeed Khosa, who was part of larger bench to decide bail appeal of an office superintendent in the office of the Quetta director development, Tallat Ishaq.
“It is also recommended that the unrealistic timeframe for conclusion of a trial specified in section 16(a) of the National Accountability Ordinance, 1999 may also be reconsidered and revisited by the legislature,” the verdict further elaborated.
The judgment also said that the original intent behind introduction of section 9(b) of the National Accountability Ordinance, 1999 ousting jurisdiction of the courts regarding grant of bail in a case under the said ordinance already stands neutralised by opening of the door for bail through exercise of constitutional jurisdiction of a High Court and resultantly the entire burden in that regard is being shouldered by the High Courts which is a huge and an unnecessary drain on their precious time.
“Apart from that the High Courts and this Court have always felt difficulty in adjusting the requirements of “without lawful authority” and “of no legal effect” relevant to a writ of certiorari (Article 199(1)(a)(ii) of the Constitution) with the requirements of bail provided in section 497, Cr.P.C,” said the judgment.