pkpatriotic
SENIOR MEMBER
- Joined
- Apr 2, 2008
- Messages
- 2,317
- Reaction score
- 0
Opposition leader moves SC to annul NAB chief posting
Sunday, October 17, 2010
By Sohail Khan
ISLAMABAD: Leader of Opposition in the National Assembly Chaudhry Nisar Ali Khan on Saturday moved the Supreme Court against the appointment of Chairman National Accountability Bureau (NAB) Justice (R) Syed Deedar Hussain Shah.
He filed the petition under Article 184(3) of the Constitution, praying to the apex court to direct Justice (R) Deedar Hussain Shah to restrain from performing the functions of chairman National Accountability Bureau with immediate effect till the final adjudication of the instant petition in the larger interest of rule of law and independence of judiciary.
He has made Federation of Pakistan through secretary Ministry of Law, Justice and Parliamentary Affairs, secretary Establishment Division and Justice (R) Syed Deedar Hussain Shah as respondents.
Chaudhry Nisar Ali Khan stated that he received a telephone call from the prime minister on September 24, 2010 for seeking his views in terms of section 6(b)(i) of the National Accountability Ordinance, 1999, regarding the proposal for appointment of Justice (R) Deedar Hussain Shah as NAB chairman.
He informed the court that he intimated his views to the prime minister, stating that Deedar Hussain Shah was not suitable for the post as he has actively participated in party politics and has twice served as member of the Provincial Assembly of Sindh from the PPP platform from 30.11.1988 to 06.08.1990 and from 04.11.1990 to 19.07.1993 (as per bio-data posted on the website of the High Court of Sindh), thereby raising questions as to his impartiality.
The petitioner further stated that he also suggested to the government to draw up a list of possible candidates for the post, followed by detailed discussion through a participatory consultative process. However, he submitted that he was taken by surprise when Justice (R) Deedar Hussain Shah was unconstitutionally and unlawfully notified as chairman NAB by the government in total violation of Section 6(b)(i) of the National Accountability Bureau Ordinance, 1999.
Chaudhry Nisar Ali Khan further stated that since the aforesaid appointment, the Leader of the House has confirmed the fact that he had never advised the president with regard to the appointment of Justice (R) Syed Deedar Hussain Shah as chairman NAB, and that, as a matter of fact, the authority to make this appointment lies with the president and that, in doing so, the president acts in his discretion.
It has also been transpired that even the Chief Justice of Pakistan was not consulted before notifying the appointment of Justice (R) Syed Deedar Hussain Shah, as Chairman NAB, the petitioner said.
The leader of the opposition recalled that Supreme Court of Pakistan in the case of Khan Asfandyar Wali v. Federation of Pakistan (PLD 2001 SC 607 at para-288, Page937 (sideline portion YY) held that; (a) The Chairman NAB shall be appointed by the President in consultation with the Chief Justice of Pakistan. (b) The Chairman NAB shall hold office for a period of three years. (c) The Chairman NAB shall not be removed from office except on the grounds of removal of a judge of the Supreme Court of Pakistan.
The petitioner further submitted that in 2001, an amendment to Section 6 of the National Accountability Ordinance 1999 was introduced vide Ordinance No. XXXV, dated 10-8-2001. Thus the recommendations made in the Khan Asfandyar Wali case were given legislative force.
In 2002, vide Ordinance No CXXXIII dated 23-11-2002, the petitioner stated that Section 6 was again amended with the following change regarding consultation and duration in the appointment of Chairman NAB.
The petitioner stated that now the present form of Section 6 of
National Accountability Ordinance of 1999 states that there shall be a chairman NAB to be appointed by the president in consultation with the leaders of the House and the Opposition in the National Assembly for a non-extendable period of four years on such terms and conditions as may be determined by the president and shall not be removed except on the grounds of removal of judge of Supreme Court of Pakistan.
He submitted that Asif Ali Zardari, the President of Islamic Republic of Pakistan, is disqualified from exercising any powers or performing any function with regard to the appointment of chairman NAB keeping in view the oath of his office whereby he has sworn not to allow his personal interest influence his official conduct.
Mr Asif Ali Zardari who is accused in more than a dozen cases of alleged corruption within and outside Pakistan has obvious conflict of interest in such appointment, Chaudhry Nisar contended, adding that the appointment of chairman NAB by him under the circumstances is tainted with personal motivation and susceptible to manifest abuse.
It was also tantamount to the accused being given authority to appoint a prosecutor of his own choice, which cannot be countenanced constitutionally nor approved keeping in view canons of justice, equity and fair play, he submitted.
The leader of the opposition questioned as to whether in the light of the dictum laid down by this august Court in Khan Asfandyar Walis case (PLD 2001 SC 607) and re-affirmed in Dr Mubashar Hassans case (PLD 2010 SC 265), the appointment of the Chairman NAB without consultation of the Chief Justice of Pakistan is illegal, without lawful authority and void ab initio?
He further questioned as to whether Asif Ali Zardari, in so far as he is admittedly continuing to hold the office of co-chairman of one of the major political parties (i.e. PPP) of the country, be permitted to assume any overriding or discretionary role in the matter of appointment of chairman NAB given the fact that inevitably his partys members are also subject to the law of accountability.
Sunday, October 17, 2010
By Sohail Khan
ISLAMABAD: Leader of Opposition in the National Assembly Chaudhry Nisar Ali Khan on Saturday moved the Supreme Court against the appointment of Chairman National Accountability Bureau (NAB) Justice (R) Syed Deedar Hussain Shah.
He filed the petition under Article 184(3) of the Constitution, praying to the apex court to direct Justice (R) Deedar Hussain Shah to restrain from performing the functions of chairman National Accountability Bureau with immediate effect till the final adjudication of the instant petition in the larger interest of rule of law and independence of judiciary.
He has made Federation of Pakistan through secretary Ministry of Law, Justice and Parliamentary Affairs, secretary Establishment Division and Justice (R) Syed Deedar Hussain Shah as respondents.
Chaudhry Nisar Ali Khan stated that he received a telephone call from the prime minister on September 24, 2010 for seeking his views in terms of section 6(b)(i) of the National Accountability Ordinance, 1999, regarding the proposal for appointment of Justice (R) Deedar Hussain Shah as NAB chairman.
He informed the court that he intimated his views to the prime minister, stating that Deedar Hussain Shah was not suitable for the post as he has actively participated in party politics and has twice served as member of the Provincial Assembly of Sindh from the PPP platform from 30.11.1988 to 06.08.1990 and from 04.11.1990 to 19.07.1993 (as per bio-data posted on the website of the High Court of Sindh), thereby raising questions as to his impartiality.
The petitioner further stated that he also suggested to the government to draw up a list of possible candidates for the post, followed by detailed discussion through a participatory consultative process. However, he submitted that he was taken by surprise when Justice (R) Deedar Hussain Shah was unconstitutionally and unlawfully notified as chairman NAB by the government in total violation of Section 6(b)(i) of the National Accountability Bureau Ordinance, 1999.
Chaudhry Nisar Ali Khan further stated that since the aforesaid appointment, the Leader of the House has confirmed the fact that he had never advised the president with regard to the appointment of Justice (R) Syed Deedar Hussain Shah as chairman NAB, and that, as a matter of fact, the authority to make this appointment lies with the president and that, in doing so, the president acts in his discretion.
It has also been transpired that even the Chief Justice of Pakistan was not consulted before notifying the appointment of Justice (R) Syed Deedar Hussain Shah, as Chairman NAB, the petitioner said.
The leader of the opposition recalled that Supreme Court of Pakistan in the case of Khan Asfandyar Wali v. Federation of Pakistan (PLD 2001 SC 607 at para-288, Page937 (sideline portion YY) held that; (a) The Chairman NAB shall be appointed by the President in consultation with the Chief Justice of Pakistan. (b) The Chairman NAB shall hold office for a period of three years. (c) The Chairman NAB shall not be removed from office except on the grounds of removal of a judge of the Supreme Court of Pakistan.
The petitioner further submitted that in 2001, an amendment to Section 6 of the National Accountability Ordinance 1999 was introduced vide Ordinance No. XXXV, dated 10-8-2001. Thus the recommendations made in the Khan Asfandyar Wali case were given legislative force.
In 2002, vide Ordinance No CXXXIII dated 23-11-2002, the petitioner stated that Section 6 was again amended with the following change regarding consultation and duration in the appointment of Chairman NAB.
The petitioner stated that now the present form of Section 6 of
National Accountability Ordinance of 1999 states that there shall be a chairman NAB to be appointed by the president in consultation with the leaders of the House and the Opposition in the National Assembly for a non-extendable period of four years on such terms and conditions as may be determined by the president and shall not be removed except on the grounds of removal of judge of Supreme Court of Pakistan.
He submitted that Asif Ali Zardari, the President of Islamic Republic of Pakistan, is disqualified from exercising any powers or performing any function with regard to the appointment of chairman NAB keeping in view the oath of his office whereby he has sworn not to allow his personal interest influence his official conduct.
Mr Asif Ali Zardari who is accused in more than a dozen cases of alleged corruption within and outside Pakistan has obvious conflict of interest in such appointment, Chaudhry Nisar contended, adding that the appointment of chairman NAB by him under the circumstances is tainted with personal motivation and susceptible to manifest abuse.
It was also tantamount to the accused being given authority to appoint a prosecutor of his own choice, which cannot be countenanced constitutionally nor approved keeping in view canons of justice, equity and fair play, he submitted.
The leader of the opposition questioned as to whether in the light of the dictum laid down by this august Court in Khan Asfandyar Walis case (PLD 2001 SC 607) and re-affirmed in Dr Mubashar Hassans case (PLD 2010 SC 265), the appointment of the Chairman NAB without consultation of the Chief Justice of Pakistan is illegal, without lawful authority and void ab initio?
He further questioned as to whether Asif Ali Zardari, in so far as he is admittedly continuing to hold the office of co-chairman of one of the major political parties (i.e. PPP) of the country, be permitted to assume any overriding or discretionary role in the matter of appointment of chairman NAB given the fact that inevitably his partys members are also subject to the law of accountability.
