Illegally-appointed: NAB prosecutor general still holding on

Irfan Qadir has not given up official residence, car and driver.

LAHORE:

Irfan Qadir, whose appointment as prosecutor general of the National Accountability Bureau (NAB) was declared illegal by the Supreme Court some six months ago, continues to enjoy the perks and privileges of his former office, The Express Tribune has learnt.

Sources in the bureau said that Qadir still occupies the official residence allotted to him as prosecutor general. Nor has he returned the official car and driver assigned to him as a NAB employee, despite repeated requests from the bureau, said the sources. NAB officials confirmed this.

Thus the post of prosecutor general, the second most powerful position in the bureau after the chairman, has been vacant for over half a year.

And now that the Supreme Court has also declared the appointment of Justice (retd) Deedar Shah as NAB’s chairman illegal, “there is no legal way to fill the post,” said the sources.

According to the National Accountability Ordinance (NAO) 1999, if the prosecutor general is absent or unable to perform the function of his office for any reason, the chairman can appoint another bureau lawyer to act as the prosecutor general.

The Supreme Court on September 1, 2010, declared that Qadir’s appointment was illegal since he had already served as prosecutor general from 2003 to 2006. The court ruled that the appointment violated Section 8, Clause (A) of the NAO 1999, which states that “the prosecutor general shall hold office for a non-extendable period of three years”.

Five days later, Prime Minister Yousaf Raza Gilani directed the law secretary to implement the verdict and withdraw the privileges of the office from Qadir.

But Qadir refused to accept this, telling the press that he could only be removed on the orders of the president, the appointing authority. No such de-notification of his appointment has been issued by President Asif Zardari, and the sources said that Qadir still considered himself the rightful prosecutor general.

Under the NAO, the prosecutor general can authorise investigations and references, as well as close inquiries and withdraw references from the accountability courts, regardless of how far into trial they are.

Published in The Express Tribune, March 15^th, 2011.