News
Wednesday, May 29, 2013
SC sends home NAB chief over PML-N’s petition* Court says consultation in Bukhari’s appointment was not made in
accordance with Section 6 of the NAB Ordinance, 1999By Hasnaat Malik
ISLAMABAD: The Supreme Court on Tuesday sacked National Accountability Bureau (NAB) Chairman Admiral (r) Fasih Bukhari and directed the federal government to appoint a new chief of the bureau, forthwith.
The ruling came in the petition filed by PML-N leader and former opposition leader in the National Assembly Chaudhry Nisar Ali Khan who challenged Bukhari’s appointment. Bukhari has been in office for 20 months. A five-judge bench of the court headed by Justice Tassaduq Hussain Jilani declared that consultation for the appointment of NAB chairman was not made in accordance with Section 6 of the National Accountability Bureau Ordinance, 1999 and the law declared by the court. The court declared the impugned appointment of Bukhari as one without lawful authority, setting it aside with immediate effect.
The bench also said that the reasons of its short order would be recorded in the detailed judgement. It must be noted that the Supreme Court accepted for the second time the petition of Chaudhry Nisar Ali Khan who in October 2011 challenged the appointment of Bukhari as NAB chairman and earlier in October 2010 challenged the appointment of Justice (r) Deedar Hussain Shah.
Bukhari is the third chief of NAB sent packing through a judicial verdict in less than four years, as earlier the Supreme Court through its judgement on December 16, 2009 against NRO removed Nawid Ahsan as the head of NAB. Bukhari was appointed NAB chief by President Asif Ali Zardari on October 16, 2011, but Chaudhry Nisar Ali Khan challenged the decision, saying the appointment was made without consultation with the leader of opposition.
Akram Sheikh, counsel for the ex-opposition leader, had argued that the president only forwarded one name for consultation and Nisar expressed his dissatisfaction, saying more nominations should have been made. The bench rejected the plea of Attorney General of Pakistan Irfan Qadir who advised the court to exercise restraint and take a middle course while ruling on the petition. Irfan Qadir argued that the post-November 3, 2007 jurisprudence being practiced by the higher judiciary should be avoided and the important and major appointments should not be struck down through judicial verdicts. The AGP contended that the president was the appointing authority of NAB chairman and could proceed even if the opposition leader did not agree.
Courtesy www.dailytimes.com.pk